People v. Ruggerio

Order, insofar as it dismisses the information, reversed and a new trial ordered in a memorandum. Where there is no record of the testimony and the proceedings had upon a trial without fault of the Justice, the judgment of conviction should be reversed and a new trial ordered. Under the circumstances of this case, the County Court lacked the power, as a matter of law, to dismiss the information. (People v. Saalfield, 14 N Y 2d 915, *551917; People v. Kaplan, 278 App. Div. 665; People v. Cittrola, 213 App. Div. 674, 677.)

Concur: Judges Dye, Fuld, Van Voorhis, Burke, Scileppi and Bergan. Chief…