[*1]
People v Williams (Jerry)
2004 NY Slip Op 51345(U)
Decided on November 5, 2004
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on November 5, 2004
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS ——————————————————————————————————————————————-x PRESENT : McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
2002-1794 OR CR ——————————————————————————————————————————————-x

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, —

against

JERRY WILLIAMS, Appellant. ——————————————————————————————————————————————-x


Appeal by defendant from a judgment of the Justice Court, Town of Woodbury, Orange County (E. Kellman, J.), rendered November 20, 2002, convicting defendant, on his guilty plea, of criminal possession of stolen property in the fifth degree (Penal Law § 165.40) and imposing sentence.


Judgment of conviction unanimously reversed on the law, felony complaint reinstated and matter remanded for all further proceedings.

Under the circumstances herein, we deem the court's return, which did not address the issues asserted in the affidavit of errors, to wit, the failure of the court to conduct an inquiry pursuant to CPL 180.50 before reducing the felony charge to
a misdemeanor and the allegedly ineffective assistance of trial counsel, to admit said errors (CPL 460.10 [3] [d], [e]; People v Hill, 2002 NY Slip Op 40096 [U] [App Term, 9th & 10th Jud Dists]; People v Middleton, 2002 NY Slip Op 40276 [U] [App Term, 9th & 10th Jud Dists]). As the errors cannot be deemed harmless (People v Feldes, 73 NY2d 661, 664 [1989]; see People v Yolles, 92 NY2d 960, 961 [1998]; People v Minor, 144 Misc 2d 846, 848 [App Term, 2d & 11th Jud Dists 1989]), we vacate the judgment of conviction and remand the matter for all further proceedings.
Decision Date: November 05, 2004