People v. Gearns

Vincent J. Ferreri, M.

Defendant moves to dismiss a felony charge pending against him in the Brooklyn Felony Court since December 9, 1956, on the ground that lie has been deprived of his right to a “ speedy hearing and trial.”

During the pendency of this charge the defendant was serving a sentence of two and one-half to five years in Greenhaven State Prison on a prior charge for attempted burglary in the third degree.

*1011This application is one of novel impression since research fails to disclose any case directly in point.

In support of his contention the defendant cites the case of People v.…