People v. Smith

*569OPINION OF THE COURT

Muriel Hubsher, J.

In a three-pronged motion defendant, Linda Smith, challenges the jurisdictional sufficiency of an accusatory instrument, the People’s right to amend or supersede that instrument and, lastly, for dismissal of the original accusatory instrument pursuant to CPL 30.30.

FACTS

On July 14, 1987 defendant Smith was arrested and arraigned on charges of petit larceny (Penal Law § 155.25). The misdemeanor complaint, in pertinent part, reads as follows: "The deponent is informed by Patricia Ponce that the defendant did conceal the fact of her employment with Junior…