PEOPLE v. WAGNER

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.