Opinion
Argued September 6, 1977
Decided October 11, 1977
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, ROBERT J. FEINBERG, J.
Livingston L. Hatch for Gerard Thomas Masci, appellant.
Henry C. Van Acker for William Higgins Haase, appellant.
Joseph W. Kelley, District Attorney (Bernard Kobroff of counsel), for respondent.
Orders affirmed. Technically, the delay runs afoul of the statute, but it is apparent that the additional delay was a matter of days, no harm resulted, and such delay would be explained by the futility of convening a special term of the County Court in order to avoid a de minimus effect on the trial of one case.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.