Opinion
Argued March 12, 1959
Decided May 28, 1959
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOSEPH J. KOZINN, P.J., JOHN V. FLOOD and EDWARD J. CHAPMAN, JJ.
Edward S. Silver, District Attorney ( William I. Siegel and David Diamond of counsel), for appellant.
No appearance for respondents.
Orders reversed and information reinstated. Treating the disposition of these cases by the Court of Special Sessions as a dismissal of the information upon the opening statement of the prosecutor, as supplemented by the statements of defense counsel, the trial court had no right to dismiss the informations and should have proceeded to trial. No opinion.
Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE.