People v. Smith

Appeal by the People from an order of the Supreme Court, Kings County, dated September 10, 1975, which, without a hearing, inter alia, granted defendant’s motion to dismiss the indictment on the ground that he had not been afforded a speedy trial. Case remitted to Criminal Term to hear and report on the issue of defendant’s claim that he was denied his right to a speedy trial, and appeal held in abeyance in the interim. Hopkins, Acting P. J., Martuscello, Latham, Rabin and Hawkins, JJ., concur.