Consequently, County Court improperly accepted defendant's plea of guilty to the charge of bail jumping in the first degree as set forth in indictment No. 92-311. This is not a situation where the defendant had the capacity to commit the underlying felony charge as in People v. Eiffel ( 81 N.Y.2d 480, 484). Rather, the defense of infancy was jurisdictional and, once asserted, rendered the alleged felonious acts of defendant a nullity ( see, People v. McDermott, 179 A.D.2d 685, lv denied 79 N.Y.2d 950). The age misconception initiated a chain of circumstances that deprived defendant of the benefits of Penal Law ยง 30.00. It is a well-founded principle of criminal law that "`in cases of doubtful construction * * * that interpretation should be given which best protects the rights of a person charged with an offense' ( People ex. rel. Cosgriff v. Craig, 195 N.Y. 190, 197; People v. Wallens, 297 N.Y. 57, 62)" ( People v. Shurn, 71 A.D.2d 610, affd 50 N.Y.2d 914).
Therefore, the guilty verdicts as to each of these counts are nullities and the counts are dismissed (see, CPL 310.85; People v. McDermott, 179 A.D.2d 685; People v. Ennis, 94 A.D.2d 746, 747; People v. Lester B., 84 A.D.2d 791, 792). Lawrence, J.P., O'Brien, Copertino and Santucci, JJ., concur.