Opinion
570326/18
10-20-2021
The PEOPLE of the State of New York, Respondent, v. Wilver CABA, Defendant-Appellant.
Per Curiam.
Judgment of conviction (Jeffrey M. Zimmerman, J.), rendered April 18, 2018, reversed, on the law, the accusatory instrument dismissed, and surcharge, if paid, remitted.
As the People concede, the allegations in the accusatory instrument were jurisdictionally insufficient to meet the elements of the charged misdemeanors of criminal possession of a forged instrument in the third degree (see Penal Law § 170.20 ), and criminal possession of a controlled substance in the seventh degree (see Penal Law § 220.03 ). Furthermore, in view of the subsequent repeal of Penal Law § 221.05 (see CPL 160.50[5] ), the People concede that the remaining offense of unlawful possession of marijuana is properly dismissed.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
All concur.