People v. Sterling

— Mercure, J.

Appeal from an order of the County Court of Clinton County (Lewis, J.), entered September 27, 1990, which granted defendant’s motion to dismiss the indictment.

In August 1988, a felony complaint charging defendant with assault in the second degree was filed in the Town Court of the Town of Champlain, Clinton County. The proceedings were adjourned several times at the request of the People and, ultimately, by letter to Town Court dated October 19, 1988, the People sought to dismiss the complaint "without prejudice”. By letter dated October 21, 1988, defendant’s attorney advised…