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PEOPLE v. SMITH

141 Misc.2d 568 (1988)

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

Criminal Court of the City of New York, Kings County.

September 8, 1988

Attorney(s) appearing for the Case

Andrew B. Siegel for defendant. Elizabeth Holtzman, District Attorney (Gloria Mandi of counsel), for plaintiff.

MURIEL HUBSHER, J.

In a three-pronged motion defendant, Linda Smith, challenges the jurisdictional sufficiency of an accusatory instrument, the People's right to amend or supersede that instrument and, lastly, for dismissal of the original accusatory instrument pursuant to CPL 30.30.

FACTS

On July 14, 1987 defendant Smith was arrested and arraigned on charges of petit larceny (Penal Law &...

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