The People of the State of New York, Respondent, v. David Gilliard, Defendant-Appellant. (2024)

Supreme Court, Appellate Term, New York,

The People of the State of New York, Respondent, v. David Gilliard, Defendant-Appellant.

570760 /19

Decided: November 11, 2024

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

Per Curiam.

Judgment of conviction (Frank P. Nervo, J.), rendered November 3, 2019, reversed, on the law, the accusatory instrument dismissed, and surcharge, if paid, remitted.

Based on the People's concession that the accusatory instrument charging theft of services was jurisdictionally defective, we reverse defendant's conviction and dismiss the accusatory instrument without addressing the merits of the issue (see generally People v Whitelow, 2 AD3d 1393 [2003], lv denied 2 NY3d 748 [2004]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: November 11, 2024

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