| People v Jackson (Scott) |
| 2018 NY Slip Op 50957(U) [60 Misc 3d 129(A)] |
| Decided on June 22, 2018 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Erika M. Edwards, J.), rendered June 30, 2014, convicting him, upon his plea of guilty, of attempted tampering with physical evidence, and imposing sentence.
Per Curiam.
Judgment of conviction (Erika M. Edwards, J.), rendered June 30, 2014, affirmed.
Defendant argues that the accusatory instrument was jurisdictionally defective as to the attempted tampering with physical evidence charge (see Penal Law §§ 110/215.40) to which he pleaded guilty. Significantly, however, the only relief defendant requests is dismissal of the entire accusatory instrument. Since it cannot be said that no penological purpose would be served by remanding the matter to Criminal Court for further proceedings on the remaining class A misdemeanor offense charged therein (see People v Allen, 39 NY2d 916, 918 [1976]), dismissal is not warranted and therefore we affirm on this basis.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.