People v. Smith

A true bill of indictment, in short form, charges the defendant with the crimes of burglary, third degree (breaking and entering a building with intent to commit a crime therein), and assault, first degree (assault with intent to commit a felony upon the person of the one assaulted with a deadly weapon), in two separate counts.

The defendant’s motion to dismiss both counts of this indictment compels the interpretation by this court of the nature and extent of the legal principle enunciated by the Court of Appeals in People v. Lo Verde (7 N Y 2d 114); People v. English (16 N Y 2d 719) and…