People v. Schwartz

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered February 17, 1976, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence. By order dated November 22, 1976 this court remitted the case to Criminal Term for a hearing and new determination on the branch of defendant’s motion which sought to dismiss the indictment for failure to prosecute, and the appeal has been held in abeyance in the interim (People v Schwartz, 54 AD2d 967). On March 9, 1977, the Criminal Term held the hearing and on May…