PEOPLE v. SMITH


97 A.D.2d 485 (1983)

The People of the State of New York, Appellant, v. Reggie Smith, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 17, 1983


Order reversed, on the law and the facts, motion denied, indictment reinstated, and matter remitted to the Supreme Court, Kings County, for further proceedings.

The sole issue on this appeal is whether defendant's motion to dismiss the indictment for failure to comply with the provisions of CPL 30.30 was properly granted. On September 16, 1981, a felony complaint charging two counts of criminal possession of a weapon was filed against the defendant. The charges were...

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