People v. Olan — 8 N.Y.2d 1084

Majority

p. 1084

The People of the State of New York, Appellant, v. Louis L. Olan, Respondent.

Argued October 19, 1960;

decided October 21, 1960.

p. 1086

Frank D. O’Connor, District Attorney (Benj. J. Jacobson of counsel), for appellant.

No appearance for respondent.

Order reversed and case remitted to the Court of Special Sessions of the City of New York, Appellate Part, for determination of the questions of fact or discretion raised in that court (Code Grim. Pro., § 543-b). We do not agree with the statement of the court below that if defendant unduly delays his trial the remedy is to increase his bail. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.