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PEOPLE v. MASSELLI

13 N.Y.2d 1 (1963)

The People of the State of New York, Appellant, v. William Masselli and August Frank Mazzella, Respondents.

Court of Appeals of the State of New York.

Decided May 29, 1963.

Attorney(s) appearing for the Case

Isidore Dollinger, District Attorney (Irving Anolik of counsel), for appellant.

Jerry T. Chandler for respondents.

Judges DYE, FULD, VAN VOORHIS, BURKE, FOSTER and SCILEPPI concur.

Chief Judge DESMOND.

The People appeal from a unanimous reversal of a conviction and dismissal of the indictment as to both defendants, on the law. Defendants' appeal to the Appellate Division had properly raised the question as to whether they are entitled to a dismissal without trial because of refusal to give them a prompt trial (People v. Chirieleison, 3 N.Y.2d 170

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