State v. Cheshier

Defendant was charged with rape in the first degree. The state appeals an order which denied its motions for allowance of an omnibus hearing and for continuance of the trial and dismissed with prejudice the accusatory instrument.

At a pre-trial conference held November 16, 1978, the admissibility of various items of evidence was discussed. The district attorney then indicated that he did not agree with what seemed to be the court’s position on some evidentiary matters and stated he would file a motion for an omnibus hearing. Trial was conditionally set for November 30. On November 22 the…