Appeal from a judgment of the Justice Court of the Town of Poughkeepsie, Dutchess County (Paul O. Sullivan, J.), rendered January 3, 2006. The judgment convicted defendant, upon her plea of guilty, of criminal mischief in the fourth degree.

Judgment of conviction reversed on the law, felony complaint reinstated and matter remanded to the court below for all further proceedings upon the felony complaint.

Defendant was initially charged in a felony complaint with two counts of attempted assault in the second degree (Penal Law §§ 110.00, 120.05 [2]) and criminal mischief in the third degree (Penal Law § 145.05), all class E felonies. The court thereafter purported to reduce the charges and, at the plea proceeding, defendant pleaded guilty to criminal mischief in the fourth degree (Penal Law § 145.00), a class A misdemeanor.

A review of the felony complaint reveals that it was not converted "into an information by notations upon or attached thereto which make the necessary and appropriate changes in the title of the instrument and in the names of the offense or offenses charged" (CPL 180.50 [3] [a] [iii]). A plea of guilty does not constitute a waiver of the requirement that a felony complaint be converted in accordance with the provisions of CPL 180.50 (3) (a) (iii). Accordingly, the court's reduction of the charges was not accomplished (see People v Dion, 93 NY2d 893, 894 [1999]; People v Grune, 175 Misc 2d 281 [1997]; People v Jones, 151 Misc 2d 582 [1991], lv denied sub nom. People v Mayfield, 79 NY2d 921 [1992]; People v Minor, 144 Misc 2d 846 [1989]). Consequently, the judgment of conviction is reversed, the felony complaint is reinstated and the matter is remanded to the court below for all further proceedings on the felony complaint.

Rudolph, P.J., Molia and Scheinkman, JJ., concur.
Decision Date: December 19, 2008