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People v Moore (Kenneth)
2008 NY Slip Op 52628(U) [22 Misc 3d 130(A)]
Decided on May 21, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 21, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Davis, Schoenfeld, JJ
570276/06.

The People of the State of New York, Respondent,

against

Kenneth Moore, Defendant-Appellant


Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Larry R.C. Stephen, J.), rendered August 25, 2005, convicting him, upon a plea of guilty, of driving while intoxicated, and imposing sentence.


PER CURIAM:
Judgment of conviction (Larry R.C. Stephen, J.), rendered August 25, 2005, reversed, on the law, the plea vacated and matter remanded to Criminal Court for further proceedings.

As the People concede, defendant's guilty plea was jurisdictionally defective and must be vacated since the crime to which defendant pleaded guilty was not charged in the information and was not, for plea purposes, a lesser included offense of the charged crime (see People v Johnson, 89 NY2d 905 [1996]). We restore the case to its pre-plea status and remand to Criminal Court for further proceedings.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 21, 2008