| People v Lane |
| 2017 NY Slip Op 04860 [151 AD3d 884] |
| June 14, 2017 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Nicholas R. Lane, Appellant. |
Carol Kahn, New York, NY, for appellant.
William V. Grady, District Attorney, Poughkeepsie, NY (Kristen A. Rappleyea of counsel),for respondent.
Appeals by the defendant (1) from a judgment of the County Court, Dutchess County(Greller, J.), rendered March 18, 2015, convicting him of robbery in the second degree, upon hisplea of guilty, and imposing sentence, and (2), by permission, from an order of the same court,dated November 10, 2015, denying, without a hearing, his motion to vacate the judgmentpursuant to CPL 440.10.
Ordered that the judgment is reversed, on the law, the plea is vacated, the superior courtinformation is dismissed, the felony complaint is reinstated, and the matter is remitted to theCounty Court, Dutchess County, for further proceedings on the felony complaint; and it isfurther,
Ordered that the appeal from the order is dismissed as academic in light of our determinationon the appeal from the judgment.
The defendant was charged in a felony complaint with robbery in the first degree. He waivedindictment by a grand jury and pleaded guilty under a superior court information to robbery in thesecond degree.
As the People correctly concede, the superior court information is jurisdictionally defectiveinasmuch as the only crime charged in it relates to an entirely different incident than the crimecharged in the felony complaint (see CPL 195.20; People v Siminions, 112 AD3d 974, 975 [2013]). Accordingly, thejudgment must be reversed, the defendant's plea vacated, the superior court informationdismissed, the felony complaint reinstated, and the matter remitted to the County Court, DutchessCounty, for further proceedings on the felony complaint.
In light of our determination, we address no other issue. Balkin, J.P., Hall, Sgroi and Barros,JJ., concur.