Opinion
Argued May 28, 1969
Decided June 2, 1969
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department.
John M. Armentano for appellants.
Frank S. Hogan, District Attorney ( Alan Scribner and Michael R. Juviler of counsel), for respondent.
MEMORANDUM. The order of the Appellate Division should be affirmed, without costs. The record, in our view, supports the conclusion — reached by the Appellate Division when it denied the petitioners-appellants' motion in the criminal case to dismiss the indictment — that there had been no denial of the constitutional right to a speedy trial in view of the fact that they had acquiesced in the delay complained of. On the procedural issue, we do not believe that the extraordinary remedy of prohibition is proper under the circumstances of this case.
Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN concur.
Order affirmed.