Opinion
Argued February 2, 1965
Decided February 11, 1965
Appeal from the Schoharie County Court, ARCHIE C. MONTANYE, J.P.
Robert H. Ecker, District Attorney, for appellant.
David B. Alford for respondent.
Louis J. Lefkowitz, Attorney-General ( Walter J. Hogan and Paxton Blair of counsel), amicus curiae.
Order affirmed. This dismissal for failure to prosecute was, on the particular facts, valid as an exercise of discretion (see People v. Alfonso, 6 N.Y.2d 225). We pass on no other question. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, VAN VOORHIS and BERGAN. Judges FULD, BURKE and SCILEPPI dissent and vote to reverse and to reinstate the judgment of conviction.