PEOPLE v. JILES (2025)

Judgment of conviction (Jeffrey Rosenblueth, J.), rendered February 8, 2021, affirmed.

In satisfaction of a felony complaint charging defendant with 14 felonies and 12 misdemeanors arising from four separate robberies of equipment from a Bronx lot, defendant pleaded guilty to a single misdemeanor count of attempted grand larceny in the fourth degree (see Penal Law §§ 110.00, 155.30[1]), in exchange for a sentence of time served. On appeal, defendant alleges that the factual allegations in the accusatory instrument were insufficient to support the felony charges or the lesser included offense to which he pleaded guilty. However, the only relief that defendant requests is dismissal of the entire accusatory instrument rather than vacatur of the plea; and he expressly requests this Court affirm his conviction if it does not grant dismissal. Since it cannot be said that no penological purpose would be served by remanding the matter to Criminal Court for further proceedings on the multiple remaining counts, dismissal is not warranted and we affirm on this basis (see People v Conceicao, 26 NY3d 375, 385 n [2015]; see e.g., People v Teron, 139 AD3d 450 [2016]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur