People v. Smith

*1018OPINION OF THE COURT

Yvonne Lewis, J.

The defendant, Perry Smith, moves to dismiss the indictment pursuant to CPL 210.40. The defense requests that, in the interests of justice, the court dismiss the felony counts of the indictment, and allow the defendant to plead guilty to a misdemeanor count of the indictment. The People submit their response in opposition.

Mr. Smith is charged with robbery in the first degree, robbery in the third degree, four counts of grand larceny in the fourth degree, and criminal possession of stolen property in the fifth degree. The charges arise from two incidents in…