PEOPLE v. CRUZ (2022)

Court of Appeals of New York.

The PEOPLE &c., Respondent, v. Jaime CRUZ, Appellant.

No. 108 SSM 18

Decided: December 13, 2022

Submitted by Harold V. Ferguson, Jr., New York, for appellant. Submitted by Alan Gadlin, New York, for respondent.

On review of submissions pursuant to section 500.11 of the Rules, order reversed and accusatory instrument dismissed. As the People acknowledge, the accusatory instrument's misdemeanor count, to which defendant pleaded guilty, was facially deficient (see People v. Hill, 38 N.Y.3d 460, 462, 174 N.Y.S.3d 340, 195 N.E.3d 47 [2022]). The People consent to dismissal of the remaining portion of the accusatory instrument.

Acting Chief Judge Cannataro and Judges Rivera, Garcia, Wilson, Singas and Troutman concur.

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