| People v Cruz |
| 2022 NY Slip Op 07023 [39 NY3d 973] |
| December 13, 2022 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, February 1, 2023 |
| The People of the State of New York, Respondent, v Jaime Cruz, Appellant. |
Decided December 13, 2022
People v Cruz, 69 Misc 3d 131(A), 2020 NY Slip Op 51185(U), reversed.
Twyla Carter, The Legal Aid Society, New York City (Harold V. Ferguson, Jr., of counsel), for appellant.
Alvin L. Bragg, Jr., District Attorney, New York City (Alan Gadlin of counsel), for respondent.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed and accusatory instrument dismissed. As the People acknowledge, the accusatory instrument's misdemeanor count, to which defendant pleaded guilty, was facially deficient (see People v Hill, 38 NY3d 460, 462 [2022]). The People consent to dismissal of the remaining portion of the accusatory instrument.
Concur: Acting Chief Judge Cannataro and Judges Rivera, Garcia, Wilson, Singas and Troutman.