Opinion
No. 108 SSM 18
12-13-2022
The PEOPLE of the State of New York, Respondent, v. Jaime CRUZ, Appellant.
Twyla Carter, The Legal Aid Society, New York City (Harold V. Ferguson, Jr., of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York City (Alan Gadlin of counsel), for respondent.
Twyla Carter, The Legal Aid Society, New York City (Harold V. Ferguson, Jr., of counsel), for appellant.
Alvin L. Bragg, Jr., District Attorney, New York City (Alan Gadlin of counsel), for respondent.
OPINION OF THE COURT On review of submissions pursuant to section 500.11 of the Rules, order reversed and accusatory instrument dismissed. As the People acknowledge, the accusatory instrument's misdemeanor count, to which defendant pleaded guilty, was facially deficient (see People v. Hill, 38 N.Y.3d 460, 462, 174 N.Y.S.3d 340, 195 N.E.3d 47 [2022] ). The People consent to dismissal of the remaining portion of the accusatory instrument.
Acting Chief Judge Cannataro and Judges Rivera, Garcia, Wilson, Singas and Troutman concur.