People v. Bizzell

OPINION OF THE COURT

Alan Friess, J.

After the District Attorney’s application to dismiss a menac*124ing charge was granted, the defendants1 orally2 moved to dismiss the sole remaining count, disorderly conduct, pursuant to the speedy trial provision contained in CPL 30.30 (subd 1, par [d]).

The facts are not in dispute. On June 16, 1979 the defendants had an altercation among themselves in a subway station. After the police arrived, the defendants cross-complained against each other alleging that each menaced the other with a knife. Menacing is a class B misdemeanor. Each defendant was further…