People v. Rubenstein

The defendant appeals from an order made by a City Magistrate denying his motion to dismiss the complaint. The record shows that the defendant was served with a summons on December 27, 1958, returnable on January 8, 1958. He appeared before the court by his attorney on January 8, 1959, and the attorney stated that he appeared specially for the purpose of moving to dismiss the summons on the ground that it was returnable 11 months before the alleged offense *411occurred. The Magistrate at first granted the motion, but later rescinded the order and denied the motion.

Appellant contends that having…