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PEOPLE v. BOYDE

213 A.D.2d 1064 (1995)

625 N.Y.S.2d 981

The People of the State of New York, Appellant, v. Thomas W. Boyde, IV, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 17, 1995

Order unanimously reversed on the law, indictment reinstated and matter remitted to Monroe County Court for further proceedings on the indictment.

Memorandum:

County Court erred in dismissing the indictment based solely upon the People's inability to proceed on the scheduled trial date when the complaining witness failed to appear. The court had no authority to dismiss the charges for "`failure to prosecute'" (...

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