People v. Smith

The indictment in this case charges that, "The said defendant, on or about the 5th day of June, 1976, at the city of Utica, in this county, did knowingly enter and remain unlawfully in a building known as Ten Pin Tavern located at 220 Eagle Street, with intent to commit a crime therein.”

The People have filed an answer to the effect that the motion is untimely, since the time for making motions has expired. Jurisdictional defects in an indictment survive even a plea of guilty. (People v Hassin, 48 AD2d 705.) This motion is therefore timely.

When we come to consider the merits of the motion,…