Opinion
2011-3212 Q CR
11-26-2014
The People of the State of New York, Respondent, v. William A. Womack, Appellant.
PRESENT: , ALIOTTA and ELLIOT, JJ.
Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Suzanne J. Melendez, J.), rendered November 9, 2011. The judgment convicted defendant, upon his plea of guilty, of resisting arrest.
ORDERED that the judgment of conviction is reversed, on the law, and the accusatory instrument is dismissed.
Defendant was charged, in a single accusatory instrument, with resisting arrest (Penal Law § 205.30) and disorderly conduct (Penal Law § 240.20 [5]), and subsequently pleaded guilty to resisting arrest.
We agree with defendant's sole contention on appeal that, as the People concede, the information was jurisdictionally defective for failing to allege essential elements of the offenses (see People v Jones, 9 NY3d 259, 262 [2007]).
Accordingly, the judgment of conviction is reversed and the accusatory instrument is dismissed.
Pesce, P.J., Aliotta and Elliot, JJ., concur.
Decision Date: November 26, 2014