People v. Jones

*829OPINION OF THE COURT

Patrick J. McGrath, J.

The above-named, defendant stands charged with the crime of burglary in the second degree, in violation of section 140.25 (2) of the Penal Law. The defendant filed a motion to dismiss pursuant to CPL 30.20 and 30.30.

The parties do not contest any factual issues, only the legal conclusions to be drawn therefrom. The facts show that on October 22, 1996, a felony complaint was filed with the local criminal court and an arrest warrant was obtained for the defendant based upon the charge of burglary in the third degree. The felony complaint alleged that…