| People v Francis |
| 2016 NY Slip Op 07706 [28 NY3d 1034] |
| November 17, 2016 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, December 28, 2016 |
| The People of the State of New York, Respondent, v Eugene Francis, Appellant. |
Decided November 17, 2016
People v Francis, 132 AD3d 893, affirmed.
Andrew W. Sayegh, Yonkers, for appellant.
James A. McCarty, Acting District Attorney, White Plains (Laurie Sapakoff of counsel), for respondent.
Memorandum.
The order of the Appellate Division should be affirmed. Supreme Court had jurisdiction over the case when it corrected an error in a decision issued one day prior based on [*2]an objective fact and thereby reinstated certain counts of defendant's indictment. Accordingly, there is no basis to disturb the judgment entered upon defendant's guilty plea.
Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur; Chief Judge DiFiore taking no part.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, in a memorandum.