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People v Douglas (Tyrone)
2008 NY Slip Op 51929(U) [21 Misc 3d 127(A)]
Decided on September 24, 2008
Appellate Term, First 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This opinion is uncorrected and will not be published in the printed Official Reports.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 September 24, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570101/06.

The People of the State of New York, Respondent,

against

Tyrone Douglas, Defendant-Appellant


Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Herbert J. Adlerberg, J.H.O), rendered October 27, 2005, after a nonjury trial, convicting him of criminal trespass in the third degree, and imposing sentence.


PER CURIAM.

Appeal from judgment of conviction (Herbert J. Adlerberg, J.H.O.), rendered October 27, 2005, is deemed an appeal from an amended judgment of the same court, rendered May 30, 2006, and so considered, amended judgment reversed, on the law, and the information is dismissed.

As the People concede, defendant's conviction must be vacated in view of the absence of any record indication that defendant consented to a trial before a Judicial Hearing Officer (see CPL 350.20[1]; People v Holt, 182 Misc 2d 919 [1991]). Since defendant has already served his sentence, we dismiss the accusatory instrument, a disposition unopposed by the People.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: September 24, 2008