PEOPLE v. TOWER


18 A.D.2d 284 (1963)

The People of the State of New York, Appellant, v. Joseph Tower, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 11, 1963.


Attorney(s) appearing for the Case

Carman F. Ball, District Attorney (Leonard Finkelstein of counsel), for appellant.

Pacini & Runfola (Joseph P. Runfola of counsel), for respondent.

GOLDMAN, HALPERN, McCLUSKY and HENRY, JJ., concur in Per Curiam opinion; WILLIAMS, P. J., dissents and votes to affirm in opinion.


Per Curiam.

The defendant-respondent was indicted for the crime of burglary and larceny on February 24, 1961, jointly with one Edward Loomis. The police did not succeed in apprehending the defendant-respondent until June 1, 1962, when he voluntarily surrendered to the police. The defendant was arraigned on that day and entered a plea of not guilty, and thereafter moved for a dismissal of the indictment because of delay...

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