The People of the State of New York, Appellant,
v.
Barry Douglass, Robert Jones, Harmeen Logan, Gregory Baldwin, Kevin St. Halaire, Emilio Lopez and Julio Cordova, Respondents.
The People of the State of New York, Appellant,
v.
Gilberto Acevedo, Respondent.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued September 22, 1983.
Decided November 1, 1983.
Attorney(s) appearing for the Case
Robert M. Morgenthau, District Attorney (Robert M. Pitler and Marc Frazier Scholl of counsel), for appellant in the first above-entitled action.
Brian Sheppard and William E. Hellerstein for respondents in the first above-entitled action.
Robert M. Morgenthau, District Attorney (Robert M. Pitler and Thomas Burrows of counsel), for appellant in the second above-entitled action.
Mariann Sullivan and William E. Hellerstein for respondent in the second above-entitled action.
Chief Judge COOKE and Judges JONES, WACHTLER, MEYER, SIMONS and KAYE concur.
Court of Appeals of the State of New York.
JASEN, J.
On this appeal, we are asked to decide whether a trial court Judge has the power to dismiss a misdemeanor complaint on the grounds of "failure to prosecute" and "calendar control". Although we do not question the general authority of the Trial Judge to control his calendar, we hold, nonetheless, that in exercising this authority, he may not dismiss a pending...
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