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

Supreme Court, Appellate Term, New York,

The People of the State of New York, Respondent, v. Nelson Rocha, Defendant-Appellant.

570524 /19

Decided: November 13, 2024

PRESENT: Tisch, J.P, James, Perez, JJ.

Per Curiam.

Judgment of conviction (Robert M. Mandelbaum, J., at plea; Nicholas W. Moyne, J., at replea and sentencing), rendered July 2, 2019, reversed, on the law, the accusatory instrument dismissed, and surcharges, fees and restitution, if paid, remitted.

As the People concede, the accusatory instrument must be dismissed as jurisdictionally defective, since the factual allegations were insufficient to establish reasonable cause to believe that defendant committed the charged offenses.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: November 13, 2024

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