People v. Smith

The defendant, Donald Smith, moves *71to dismiss the superior court information in this matter pursuant to CPL 210.20 on the ground that the information charges an offense other than the one for which he was held by the Long Beach City Court for action of the Grand Jury.

This matter was previously the subject of consideration by this court in relation to a motion to amend the superior court information (see People v Smith, 86 Misc 2d 1032). In its decision on the former motion this court expressed the view that under the provisions of the recent amendment to the New York State Constitution a…