People v. Wagner (15 N.Y.2d 799, 1965)

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 Bbegan. Judges Fold, Burke and Scileppi dissent and vote to reverse and to reinstate the judgment of conviction.