People v. Smith

OPINION OF THE COURT

Larry M. Himelein, J.

Defendant has been indicted for burglary in the third degree *357(Penal Law § 140.20), grand larceny in the fourth degree (Penal Law § 155.30 [1]) and criminal mischief in the fourth degree (Penal Law § 145.00 [1]). On March 20, 2001, defendant moved to dismiss pursuant to CPL 30.30 alleging that (1) accusatory instruments were filed on October 3, 1998; (2) defendant was arraigned on November 13, 2000; (3) far more than six months had elapsed without the People having declared their readiness for trial; and (4) defendant requested no adjournments and was…