PEOPLE v. SACCENTI


14 N.Y.2d 1 (1964)

The People of the State of New York, Appellant, v. Louis Saccenti, Respondent.

Court of Appeals of the State of New York.

Decided February 20, 1964.


Attorney(s) appearing for the Case

Frank D. O'Connor, District Attorney (Benj. J. Jacobson and Harvey B. Ehrlich of counsel), for appellant.

Joseph A. Solovei for respondent.

Judges DYE, FULD, VAN VOORHIS, BURKE and BERGAN concur; Judge SCILEPPI taking no part.


Chief Judge DESMOND.

This appeal by the People requires us to hand down a decision as to the meaning and effect of section 667 of the Code of Criminal Procedure which reads thus: "When a person has been held to answer for a crime, if an indictment be not found against him, at the next term of the court at which he is held to answer, the court may on application of the defendant order the prosecution to be dismissed...

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