People v. Smith

Judgment unanimously affirmed. Memorandum: Following defendant’s arrest, on December 16, 1970 he was indicted by the Monroe County Grand Jury in January, 1971. He moved in Monroe County Court for a contravention and suppression hearing and requested that the contravention hearing be heard by the City Court of Rochester which had issued the search warrant, but reserved, his right to move for suppression in County Court. The contravention motion was argued in the City Court of Rochester and denied by it on June 22, 1971. Thereafter, .the defendant moved in County Court for severance which was…