People v. Smith

—Order, Supreme Court, New York County (Renee White, J.), entered on or about September 17, 1996, which granted defendant’s motion to dismiss the indictment pursuant to CPL 30.30, unanimously reversed, on the law and the facts, the indictment reinstated and the matter remanded for further proceedings.

Defendant was arrested and indicted for possession of crack cocaine on indictment No. 7116/95. He was released and scheduled for arraignment on August 18, 1995. Another Mark Smith (Mark Smith II), who was incarcerated, was arraigned on August 18 on indictment No. 5342/95. The clerk erroneously…