People v. Johnson

Appeal by the People from an order of the Supreme Court, Kings County, entered March 6, 1975, which granted defendant’s motion to dismiss the indictment for lack of prosecution. Order reversed, on the law, motion denied, and indictment reinstated. Questions of fact have not been raised or considered. On appeal, the People contend that the indictment was improperly dismissed for lack of prosecution. We agree and so, implicitly, does defense counsel. Instead, defense counsel contends that, although defendant’s motion is referred to in the order dismissing the indictment as one to dismiss "for…