PEOPLE v. SMITH


90 Misc.2d 495 (1977)

The People of the State of New York, Plaintiff, v. Anthony L. Smith, Defendant.

County Court, Oneida County.

June 13, 1977


Attorney(s) appearing for the Case

Donald L. Austin, Public Defender (Frank E. Blando of counsel), for defendant. Richard D. Enders, District Attorney, for plaintiff.


JOHN J. WALSH, J.

The indictment in this case charges that, "The said defendant, on or about the 5th day of June, 1976, at the city of Utica, in this county, did knowingly enter and remain unlawfully in a building known as Ten Pin Tavern located at 220 Eagle Street, with intent to commit a crime therein."

The People have filed an answer to the effect that the motion is untimely, since the time for making motions has expired. Jurisdictional defects...

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