People v. Schwartz

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered February 17, 1976, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review so much of an order of the same court, dated March 20, 1975, as denied, without a hearing, the branch of defendant’s motion which sought to dismiss the *968indictment for failure to prosecute (see CPL 30.30, subd 1). Case remitted to Criminal Term for a hearing and new determination on the branch of defendant’s motion which sought to dismiss…