Opinion
No. 570617/19
02-14-2024
The People of the State of New York, Respondent, v. Luis Martinez, Defendant-Appellant.
Unpublished Opinion
PRESENT: Hagler, P.J., Brigantti, Perez, JJ.
Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (Tara A. Collins, J., at plea; Bahaati E. Pitt, J., at sentencing), rendered August 20, 2019, convicting him, upon his plea of guilty, of criminal possession of a weapon in the fourth degree, and imposing sentence.
PER CURIAM.
Judgment of conviction (Tara A. Collins, J., at plea; Bahaati E. Pitt, J., at sentencing), rendered August 20, 2019, affirmed.
We agree with defendant that the criminal possession of a weapon charge (see Penal Law § 265.01[1]) to which he pleaded guilty was jurisdictionally defective due to the absence of any factual allegations indicating that the firearm was operable (see People v Longshore, 86 N.Y.2d 851 [1995]). However, the only relief which the defendant requests is dismissal of the accusatory instrument, rather than vacatur of the plea and remand on the remaining charges, and he expressly requests that this Court affirm the conviction if it does not grant a dismissal. In view of the serious nature of the other charges contained in the accusatory instrument, a dismissal would not be appropriate, and therefore we affirm (see People v Conceicao, 26 N.Y.3d 375, 385 n; People v Teron, 139 A.D.3d 450 [2016]).