PEOPLE v. MARTINEZ (2024)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Luis MARTINEZ, Defendant-Appellant.

570617 /19

Decided: February 14, 2024

PRESENT: Hagler, P.J., Brigantti, Perez, JJ.

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 NY2d 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 NY3d 375, 385 n; People v Teron, 139 AD3d 450 [2016]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.

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