People v. Howe

— Judgment unanimously reversed, as a matter of discretion in the interest of justice, and matter remitted to Onondaga County Court for further proceedings on the indictment. Memorandum: This case, which was before us on two previous occasions, is now here for our consideration upon remittitur from the Court of Appeals. Defendant was originally charged with burglary in the third degree, petit larceny, criminal mischief in the fourth degree, and criminal possession of stolen property arising out of a break-in at a pizza shop in Onondaga County. A felony complaint was filed on May 29,1979.…