| People v Morson |
| 2009 NY Slip Op 08840 [67 AD3d 1026] |
| November 24, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Kareem Morson, Appellant. |
—[*1] Janet DiFiore, District Attorney, White Plains, N.Y. (Joseph A. Barca III, Lois CullenValerio, and Anthony J. Servino of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County (Cacace,J.), rendered February 7, 2008, convicting him of criminal possession of stolen property in thefourth degree and unauthorized use of a vehicle in the third degree, upon his plea of guilty, andimposing sentence.
Ordered that the judgment is reversed, on the law, the plea is vacated, superior courtinformation No. 07-00689 is dismissed, and the matter is remitted to the County Court,Westchester County, for further proceedings on the felony complaint.
The defendant was charged, by felony complaint, with criminal possession of stolen propertyin the third degree, a class D felony (Penal Law § 165.50), arising out of the theft of anautomobile. The superior court information to which he eventually pleaded guilty charged himwith the crimes of criminal possession of stolen property in the fourth degree (Penal Law§ 165.45 [5]) and unauthorized use of a vehicle in the third degree (Penal Law §165.05 [1]).
Since it is possible to knowingly possess stolen property with a value in excess of $3,000without possessing a stolen motor vehicle with a value in excess of $100, criminal possession ofstolen property in the fourth degree pursuant to Penal Law § 165.45 (5) is not alesser-included offense of criminal possession of stolen property in the third degree under PenalLaw § 165.50. Thus, it is clear that the superior court information upon which thedefendant's plea was based did not "include at least one offense that was contained in the felonycomplaint" (People v Zanghi, 79 NY2d 815, 818 [1991]). It follows, therefore, as thePeople correctly concede, that the superior court information was jurisdictionally defective(see People v Menchetti, 76 NY2d 473, 477 [1990]; People v Colon, 39 AD3d 661 [2007]; People v Edwards, 39 AD3d 875[2007]). Dillon, J.P., Miller, Eng, Hall and Sgroi, JJ., concur.