People v. Gordon

Appeal from an order of the County Court of Chemung County, entered May 1,1974, which dismissed an indictment against Michael W. Gordon, by reason of the People’s failure to proceed. The defendant, indicted for burglary and petit larceny, was arraigned on May 2, 1973 and, on his plea of not guilty, bail was set and defendant requested, inter alla, an identification hearing. It was not until October 5, 1973, however, that defendant made a motion for an identification hearing after notification by the court, in writing, that if the motion were not made, it would be deemed waived. The People…