Opinion
No. 570658/17
06-25-2024
The People of the State of New York, Respondent, v. Alexander Collado, Defendant-Appellant.
Unpublished Opinion
PRESENT: Hagler, P.J., Tisch, James, JJ.
PER CURIAM
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Lisa A. Sokoloff, J., at plea; Joanne B. Watters, J., at Outley hearing; Lyle E. Frank, J., at sentencing), rendered September 28, 2017, convicting him, upon his plea of guilty, of endangering the welfare of a child, and imposing sentence.
Judgment of conviction (Lisa A. Sokoloff, J., at plea; Joanne B. Watters, J., at Outley hearing; Lyle E. Frank, J., at sentencing), rendered September 28, 2017, modified, on the law, to the extent of reducing the conviction to disorderly conduct.
Defendant alleges and the People concede that the Outley court improperly relied upon sealed records to find that defendant violated the terms of his repleader agreement (see People v Anonymous, 34 N.Y.3d 631, 641-42, 646 [2020]). Inasmuch as the People also concede that defendant is entitled to the benefit of that repleader agreement, namely, that he be permitted to withdraw his plea to the misdemeanor offense of endangering the welfare of a child (see Penal Law § 260.10[1]), and be allowed to replead to disorderly conduct (see Penal Law § 240.20), a violation, we modify accordingly.
All concur