People v. Crosby

OPINION OF THE COURT

Marquette Floyd, J.

The defendant is charged in a prosecutor’s information with criminal trespass, second degree (Penal Law § 140.15), and criminal mischief, fourth degree (Penal Law § 145.00 [1]), both of which offenses are misdemeanors, and he moves to dismiss this prosecution on the ground the accusatory instrument is defective for failure to satisfy the requirements of CPL 100.40 (see, CPL 170.30 [1] [a]; 170.35 [1] [a]). Alternatively, he seeks dismissal on the ground this prosecution was not commenced within two years after the offenses were committed. The court *905will…