People v. Kwok Ming Chan

This is an appeal from an order of the Supreme Court, New York County (Lepe, J.), entered on March 25,1974, which dismissed,, pursuant to CPL 210.40, the indictment charging reckless endangerment in the first degree and possession of a weapon, a loaded pistol, as a f elony.

Defendant moved for dismissal of the indictment on November 5,1973, pursuant to CPL 210.20, upon the ground of denial of the constitutional and statutory right to a speedy trial.

On November 19, 1973, the return day of the motion, the case appeared before a Judge who had not, prior thereto, presided in the action. The moving…