People v. Zona

*576OPINION OF THE COURT

W. Patrick Falvey, J.

Defendant, Joshua M. Zona, charged with one count of petit larceny, a class A misdemeanor, in violation of section 155.25 of the Penal Law, is scheduled for retrial, following his successful appeal after trial. (People v Zona, 60 AD3d 1279 [2009], affd 14 NY3d 488 [2010].)

Defendant, now moves for an order dismissing the indictment on the ground that this court erred in denying his pretrial motion for dismissal due to failure of the Special District Attorney to charge the grand jury with the claim of right defense. Although not stated in the notice of…