People v. Floyd

OPINION OF THE COURT

Anthony J. Garramone, J.

Defendant, Warren Floyd, moves this court for an order of dismissal of the charges pending against him for failure by the People to proceed and in furtherance of justice.

Defendant, Warren Floyd, was arraigned in the Utica City Court on July 10, 1986, on the charge of assault in the second degree in violation of Penal Law § 120.05 (1) and (2). An initial felony examination was scheduled for July 11, 1986, at which *1035time the People were not ready to proceed. As of this date, the felony examination has not taken place. It has been postponed, at the…