People v. Thomas

OPINION OF THE COURT

Anthony Corso, J.

The defendant, Ronald Charles Thomas, moves for an order dismissing the prosecutor’s information. The People have opposed the motion of the defendant.

The defendant was charged with a class D felony on September 21, 1980. On October 21, 1980, the District Attorney’s office filed a prosecutor’s information. This information was not filed pursuant to an order of the court (CPL 180.50, subd 3, par [a], cl [i]; 180.70, subd 2). It was filed by the District Attorney at his own instance.

There is no provision in the Criminal Procedure Law allowing the District…