Majority
p. 854The People of the State of New York, Appellant, v. John Henry Schuster, Jr., Respondent.
Order unanimously reversed, indictment reinstated, and matter remitted to Brie County Court for further proceedings in accordance with memorandum. Memorandum: We find that the exercise of sound discretion required a hearing to determine whether the conduct of the defendant during the period from the issuance of the warrant to the time of his arrest constituted a waiver of his right to a speedy trial, as well as whether the conduct of the law enforcement agencies during that same period was such as to deny the defendant a speedy trial. (Appeal by People from order of Erie County Court dismissing Indictment No. 28169 as to defendant Schuster.) Present — Bastow, J. P., Goldman, Henry and Noonan, JJ.