People v. Francis

Full title: The PEOPLE & c., Respondent, v. Eugene FRANCIS, Appellant.

Court: Court of Appeals of New York.

Date published: Nov 17, 2016

65 N.E.3d 705 (N.Y. 2016)

28 N.Y.3d 1034

42 N.Y.S.3d 676

2016 N.Y. Slip Op. 7706

Opinion

11-17-2016

The PEOPLE & c., Respondent, v. Eugene FRANCIS, Appellant.

Andrew W. Sayegh, Yonkers, for appellant. James A. McCarty, Acting District Attorney, White Plains (Laurie Sapakoff of counsel), for respondent.

Andrew W. Sayegh, Yonkers, for appellant.

James A. McCarty, Acting District Attorney, White Plains (Laurie Sapakoff of counsel), for respondent.

MEMORANDUM:

The order of the Appellate Division should be affirmed. Supreme Court had jurisdiction over the case when it corrected an error in a decision issued one day prior based on an objective fact and thereby reinstated certain counts of defendant's indictment. Accordingly, there is no basis to disturb the judgment entered upon defendant's guilty plea.

Judges PIGOTT, RIVERA, ABDUS–SALAAM, STEIN, FAHEY and GARCIA concur. Chief Judge DiFIORE took no part.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11 ), order affirmed, in a memorandum.