People v. Smoot

OPINION OF THE COURT

Nicholas A. Clemente, J.

The defendant moves to dismiss the indictment herein, premising his motion upon speedy trial grounds (CPL 30.30, subd 1, par [a]).

The defendant is accused of two counts of burglary in the second degree, one count of criminal possession of a weapon in the second degree, and two counts of menacing. The substance of the charges is that on April 6, 1980 the defendant and another, while armed with a loaded firearm, entered and remained unlawfully in the apartment of Joan Breland.

*878The charges do not arise from a classic burglary situation in that the…