On July 14, 1958 this court affirmed without opinion (two Justices dissenting) an order of the County Court, Westchester County, dated December 30, 1957, granting respondents’ motion to dismiss the indictment returned against them on March 26, 1956 and April 24, 1957 for lack of prosecution (People V. Alfonso, 6 A D 2d 892). On July 8, 1959 the Court of Appeals reversed the order of this court and remitted the matter to this court to determine whether these indictments should be dismissed under section 668 of the Code of Criminal Procedure in the exercise of a sound judicial discretion (People v. Alfonso, 6 N Y 2d 225). Upon remission, order of the County Court, Westchester County, reversed upon the facts, and motion to dismiss indictments denied. In our opinion, there was no undue delay in bringing respondents to trial on any indictment, and good cause was shown by appellant why the indictments should not have been dismissed. With respect to the indictments which were returned in 1956,
