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People v Jiles (Darryl)
2025 NY Slip Op 50047(U) [84 Misc 3d 137(A)]
Decided on January 22, 2025
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This opinion is uncorrected and will not be published in the printed Official Reports.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 January 22, 2025
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Hagler, P.J., Brigantti, Tisch, JJ.
570179/21

The People of the State of New York, Respondent,

against

Darryl Jiles, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (Jeffrey Rosenblueth, J.), rendered February 8, 2021, convicting him, upon a plea of guilty, of attempted grand larceny in the fourth degree, and imposing sentence.

Per Curiam.

Judgment of conviction (Jeffrey Rosenblueth, J.), rendered February 8, 2021, affirmed.

In satisfaction of a felony complaint charging defendant with 14 felonies and 12 misdemeanors arising from four separate robberies of equipment from a Bronx lot, defendant pleaded guilty to a single misdemeanor count of attempted grand larceny in the fourth degree (see Penal Law §§ 110.00, 155.30[1]), in exchange for a sentence of time served. On appeal, defendant alleges that the factual allegations in the accusatory instrument were insufficient to support the felony charges or the lesser included offense to which he pleaded guilty. However, the only relief that defendant requests is dismissal of the entire accusatory instrument rather than vacatur of the plea; and he expressly requests this Court affirm his conviction if it does not grant dismissal. Since it cannot be said that no penological purpose would be served by remanding the matter to Criminal Court for further proceedings on the multiple remaining counts, dismissal is not warranted and we affirm on this basis (see People v Conceicao, 26 NY3d 375, 385 n [2015]; see e.g., People v Teron, 139 AD3d 450 [2016]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: January 22, 2025