People v. Foye

OPINION OF THE COURT

Martin Erdmann, J.

Defendant moves to dismiss the complaint herein pursuant to CPL 170.30 (subd 1, par [g]).

Defendant is charged with having trespassed in a restricted area of Bloomingdale’s Department Store (Penal Law, § 140.05) and with possession of property stolen from Bloomingdale’s by a codefendant. (Penal Law, § 165.40.)

Following arraignment defendant moved pursuant to CPL 240.20 (subd 1, par [e]) for inspection of the property taken from him (or a codefendant to be tried jointly). That motion was granted. Inspection proved impossible, however, since the special…