People v. "Hayes"

OPINION OF THE COURT

Leon B. Polsky, J.

What action should a court take with respect to a pretrial motion made by a defendant who, prior to disposition, jumps bail and becomes a fugitive? I believe, in the circumstances of this case, a dismissal of the motion with prejudice is the only appropriate action.

The defendant- was charged in three separate indictments filed in February, 1974, with four cocaine sales, two for $3,500 and two in lesser amounts. Prior to arraignment he agreed to *36co-operate with the arresting officers and with the office of the Special Narcotics Prosecutor. Such…