People v. Serio

This is a motion for dismissal of an indictment on the ground that the defendant was deprived of his right to a speedy trial.

The defendant was indicted on a charge of grand larceny, first degree, by an Erie County Grand Jury in October, 1946 and a warrant issued for his arrest. Thereafter, it was learned, according to information provided in the District Attorney’s affidavit, that the defendant was serving a sentence in a California prison.

The warrant was forwarded to the California prison to act as a detainer against the defendant, but subsequently recalled by the City of Buffalo Police…