Case held, decision reserved and matter remitted to Erie County Court for a new hearing on defendant's motion for dismissal of the indictment for failure to prosecute.
Memorandum:
A hearing was had on defendant's motion to dismiss the indictment against him at which it was shown that on the date when the case was set down for trial his retained counsel appeared but was unable to produce defendant. The trial court in denying his motion found that defendant...
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