Opinion
October 31, 1963
Appeal from the Erie County Court.
Present — Bastow, J.P., Goldman, Henry and Noonan, JJ.
Order unanimously reversed, indictment reinstated, and matter remitted to Erie County Court for further proceedings in accordance with memorandum. Memorandum: We find that the exercise of sound discretion required a hearing to determine whether the conduct of the defendant during the period from the issuance of the warrant to the time of his arrest constituted a waiver of his right to a speedy trial, as well as whether the conduct of the law enforcement agencies during that same period was such as to deny the defendant a speedy trial.