People v. McDermott

2 Citing cases

  1. People v. Holmes

    220 A.D.2d 109 (N.Y. App. Div. 1996)   Cited 3 times

    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).

  2. People v. McFadden

    194 A.D.2d 566 (N.Y. App. Div. 1993)   Cited 10 times

    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.