Majority
p. 872The People of the State of New York, Respondent, v Bernard Moore, Appellant. Argued May 1, 1979; reargued June 5, 1979; decided June 12, 1979
p. 873
APPEARANCES OF COUNSEL
Diana Budzanoski and William E. Hellerstein for appellant.
Mario Merola, District Attorney (Vida M. Alvy of counsel), for respondent.
p. 874
OPINION OF THE COURT
Order reversed and the indictment dismissed on so much of the dissenting memorandum by Mr. Justice Leonard H. Sandler at the Appellate Division as relates to the speedy trial issue ( 63 AD2d 602 , 603-606).
Concur: Judges Jones, Wachtler, Fuchsberg and Meyer. Chief Judge Cooke and Judges Jasen and Gabrielli dissent and vote to affirm on the memorandum of the Appellate Division ( 63 AD2d 602 ).