Opinion
Argued May 3, 1966
Decided June 9, 1966
Appeal from the Tompkins County Court, LEWIS W. HOWELL, J.P.
Michael Lo Pinto for appellant.
Richard B. Thaler, District Attorney ( Richard I. Mulvey of counsel), for respondent.
Order reversed and that of the Court of Special Sessions of the Town of Newfield reinstated upon the ground that the County Court exceeded its powers in denying the motion of defendant to dismiss the information (charging him with violation of Vehicle and Traffic Law, § 1192, subd. 2) for failure to prosecute.
Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING.