People v. Mitchell

Appeal by the People from an order of the Supreme Court, Richmond County (Felig, J.), dated March 10, 1981, which granted the defendant’s motion to dismiss the indictment for failure to prosecute. Order reversed, on the law, and case remitted to Criminal Term for further proceedings consistent herewith. Criminal Term erred in summarily granting the defendant’s motion to dismiss the indictment for failure to prosecute. The prosecution claims that during most of the preindictment period, the defendant could not be located, despite diligent efforts by the police. This claim, if substantiated,…