People v. Davis

Sullivan, J. P., and Silverman, J.,

dissent in a memorandum by Silverman, J., as follows: We would reverse the order appealed from and reinstate the indictment. The order appealed from dismisses the indictment “pursuant to Criminal Procedure Law section 30.30 on constraint of Justice Cohen’s order of September 25,1981.” Justice Cohen’s order provided that “[f]or failure to abide by the stipulation the time shall be included from the date of arrest (6/12/81) until the lie detector test is given (nothing need be done with the test results) the case against this defendant will be dismissed…