People v. Saccenti

Chief Judge Desmond.

This appeal by the People requires us to hand down a decision as to the meaning and effect of section 667 of the Code of Criminal Procedure which reads thus: ‘ ‘ When a person has been held to answer for a crime, if an indictment be not found against him, at the next term of the court at which he is held to answer, the court may on application of the defendant order the prosecution to be dismissed, unless good cause to the contrary be shown.”

Reversing the former County Court of Queens County, the Appellate Division set aside defendant’s conviction entered on his plea of…