Opinion
2002-1794 ORCR.
Decided November 5, 2004.
Appeal by defendant from a judgment of the Justice Court, Town of Woodbury, Orange County (E. Kellman, J.), rendered November 20, 2002, convicting defendant, on his guilty plea, of criminal possession of stolen property in the fifth degree (Penal Law § 165.40) and imposing sentence.
Judgment of conviction unanimously reversed on the law, felony complaint reinstated and matter remanded for all further proceedings.
PRESENT: McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
Under the circumstances herein, we deem the court's return, which did not address the issues asserted in the affidavit of errors, to wit, the failure of the court to conduct an inquiry pursuant to CPL 180.50 before reducing the felony charge to a misdemeanor and the allegedly ineffective assistance of trial counsel, to admit said errors (CPL 460.10 [d], [e]; People v. Hill, 2002 NY Slip Op 40096 [U] [App Term, 9th 10th Jud Dists]; People v. Middleton, 2002 NY Slip Op 40276 [U] [App Term, 9th 10th Jud Dists]). As the errors cannot be deemed harmless ( People v. Feldes, 73 NY2d 661, 664; see People v. Yolles, 92 NY2d 960, 961; People v. Minor, 144 Misc 2d 846, 848 [App Term, 2d 11th Jud Dists 1989]), we vacate the judgment of conviction and remand the matter for all further proceedings.