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PEOPLE v. DE ROSA

84 Misc.2d 316 (1975)

The People of the State of New York, Appellant, v. Frank De Rosa, Respondent.

Supreme Court, Appellate Term, Second Department.

October 17, 1975

Attorney(s) appearing for the Case

Denis Dillon, District Attorney (Frank A. Doddato of counsel), for appellant. Dillworth, Hoesch & Mercurio (Pat R. Mercurio of counsel), for respondent.

GAGLIARDI and GLICKMAN, JJ., concur in memorandum; HOGAN, P. J., dissents in separate memorandum.

MEMORANDUM.

Order dismissing information reversed on the law and facts, information reinstated and matter remanded for trial.

A motion by a defendant to dismiss an information upon the grounds of denial of a speedy trial and in the interests of justice (CPL 170.30, subd 1, pars [e], [g]) must be made in writing and upon reasonable notice to the People (CPL 170.45, 210.45; see, also, People v Trottie, 47 A.D.2d 751

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