Opinion
No. 570391/16
09-30-2022
The People of the State of New York, Respondent, v. Jonathan Busch, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
PRESENT: Brigantti, J.P., Tisch, Michael, JJ.
PER CURIAM
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Heidi C. Cesare, J.), rendered May 23, 2016, convicting him, upon his plea of guilty, of disorderly conduct, and imposing sentence.
Judgment of conviction (Heidi C. Cesare, J.), rendered May 23, 2016, reversed, as a matter of discretion in the interest of justice, accusatory instrument dismissed, and surcharge, if paid, remitted.
The People, in the exercise of their broad prosecutorial discretion, have agreed that the accusatory instrument should be dismissed under the particular circumstances of the case and in light of recent legislation amending Penal Law § 265.01 to effectively decriminalize the simple possession of gravity knives, notwithstanding that this law does not apply retroactively (see People v Caviness, 176 A.D.3d 522 [2019], lv denied 34 N.Y.3d 1076 [2019]). We agree, and we do not reach any other issues.
All concur