Opinion
Argued October 19, 1960
Decided October 21, 1960
Appeal from the Court of Special Sessions of the City of New York, Appellate Part, in the Second Judicial Department, T. VINCENT QUINN, M.
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 Crim. 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.