Opinion
2005-1907 D CR.
08-01-2011
The People of the State of New York, Respondent, v. Richard Saint Angel, Appellant.
PRESENT: : , P.J., TANENBAUM and LaCAVA, JJ
Appeal from judgments of the Justice Court of the Town of LaGrange, Dutchess County (Joseph L. Spiegel, J.), rendered December 6, 2005. The judgments convicted defendant, upon jury verdicts, of two counts of criminal possession of a forged instrument in the third degree and two charges of offering a false instrument for filing in the second degree.
ORDERED that the matter is remitted to the Justice Court for a hearing to reconstruct the felony complaint charging the offense of offering a false instrument for filing in the first degree, purportedly reduced, pursuant to CPL 180.50, to offering a false instrument for filing in the second degree, and to file a report with all convenient speed. The appeal is held in abeyance in the interim.
The People initially charged defendant with criminal possession of a forged instrument in the third degree (Penal Law § 170.20) and forgery in the third degree (Penal Law § 170.05). The People subsequently withdrew the latter charge and, via a felony complaint, charged defendant with offering a false instrument for filing in the first degree (Penal Law § 175.35), which charge was purportedly reduced (see CPL 180.50) to a charge of offering a false instrument for filing in the second degree (Penal Law § 175.30), a class A misdemeanor. The People subsequently charged defendant, in a third accusatory instrument, with offering a false instrument for filing in the second degree, and, in a fourth accusatory instrument, with two counts of criminal possession of a forged instrument in the third degree, one of which superseded the initial instrument which charged the offense. On appeal, defendant alleges, among other claims of error, that the Justice Court failed to follow the requirements of CPL 180.50 when reducing the felony charge to the misdemeanor. The record on appeal does not contain the felony complaint as purportedly reduced, and the Justice Court has indicated that the accusatory instrument can no longer be located. As the issue is jurisdictional, reconstruction of this accusatory instrument is required (see People v Jackson, 98 NY2d 555, 560 [2002]; People v Yavru-Sakuk, 98 NY2d 56, 60 [2002]; see also People v Falletta, 31 Misc 3d 144[A], 2011 NY Slip Op 50930[U] [App Term, 9th & 10th Jud Dists 2011]).
Accordingly, the matter is remitted to the Justice Court for a hearing to reconstruct the felony complaint charging the offense of offering a false instrument for filing in the first degree, purportedly reduced, pursuant to CPL 180.50, to offering a false instrument for filing in the second degree, and to file a report with all convenient speed. The appeal is held in abeyance in the interim.
Nicolai, P.J., Tanenbaum and LaCava, JJ., concur.