PEOPLE v. KRUM


68 Misc.2d 763 (1972)

The People of the State of New York, Plaintiff, v. Sidney Krum, Defendant.

Criminal Court of the City of New York, New York County.

January 21, 1972


Attorney(s) appearing for the Case

Frank S. Hogan, District Attorney (Richard Schaeffer of counsel), for plaintiff. David M. Markowitz for defendant.


MORRIS SCHWALB, J.

The uncontroverted question presently before the court is whether or not a misdemeanor may be restored to the calendar for trial after having once been dismissed on motion of the District Attorney.

Under the old Code of Criminal Procedure (§ 673) the question was apparently resolved in the negative. The section stated, "An order for dismissal of an action, as provided in this chapter, is a bar to another prosecution for...

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