People v. Smith

Appeal by the People from an order of the Supreme Court, Kings County (Lewis, J.), dated January 11, 1994, which granted the defendant’s motion pursuant to CPL 210.40 to dismiss those counts of Kings County Indictment No. 15209/91 which charged him with robbery in the first degree, robbery in the third degree, and grand larceny in the fourth degree (four counts), and to allow him to plead guilty to criminal possession of stolen property in the fifth degree, a misdemeanor.

Ordered that the order is reversed, on the law and as a matter of discretion in the interest of justice, the defendant’s…