PEOPLE v. YOUNG (2025)

Judgment of conviction (Linda Poust Lopez, J.), rendered September 24, 2019, affirmed.

In satisfaction of a felony complaint charging defendant with two felonies and two misdemeanors arising from the possession of a 9 mm semi-automatic weapon and 42 live rounds of ammunition, defendant pleaded guilty to a single misdemeanor count of fourth degree criminal possession of a weapon (see Penal Law § 265.01 [1]), in exchange for a sentence of probation. On appeal, defendant challenges the facial sufficiency of the charge 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 defendant expressly requests that this court affirm his conviction if it does not grant a 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 remaining counts in the event we accept defendant's facial sufficiency argument, 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