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  5. 83 N.Y.2d 638 (1994)
 

PEOPLE v. BRANCOCCIO

83 N.Y.2d 638 (1994)

634 N.E.2d 954

612 N.Y.S.2d 353

The People of the State of New York, Respondent, v. James Brancoccio, Appellant.

Court of Appeals of the State of New York.

Decided May 3, 1994.

Attorney(s) appearing for the Case

Robert P. Hall-App, New York City, and Philip L. Weinstein for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Leonard Joblove and Roseann B. MacKechnie of counsel), for respondent.

Judges SIMONS, BELLACOSA and LEVINE concur with Judge SMITH; Chief Judge KAYE dissents and votes to reverse in a separate opinion in which Judges TITONE and CIPARICK concur.

SMITH, J.

The issue here is whether CPL 170.20 (2) (a), which authorizes divestiture of jurisdiction from the local criminal court where an indictment "results" in a superior court prior to the entry of a plea on the accusatory instrument in criminal court, requires filing for operative effect. We hold that, for purposes of removing jurisdiction from the criminal court, filing is not required.

Defendant...

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