People v Goris (Juan)

[*1] People v Goris (Juan) 2007 NY Slip Op 51933(U) [17 Misc 3d 128(A)] Decided on October 11, 2007 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 October 11, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, P.J., McCOOE, DAVIS, JJ
570620/05.

People of the State of New York, Respondent,

against

Juan Goris, 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 March 7, 2005, convicting him, upon a plea of guilty, of assault in the third degree, and imposing sentence.

Per Curiam.

Judgment of conviction (Larry R. C. Stephen, J.), rendered March 7, 2005, reversed, on the law, the plea vacated and matter remanded to Criminal Court for further proceedings.

Defendant pleaded guilty to assault in the third degree (Penal Law § 120.00[2]), a charge previously dismissed on the People's motion and of a higher grade or degree than the remaining offenses in the underlying accusatory instruments. Inasmuch as defendant pleaded guilty to an offense higher than those charged in the accusatory instruments, his plea must be vacated (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 (see CPL § 220.60[3]; People v Castillo, 30 AD3d 1118 [2006], affd 8 NY3d 959 [2007]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: October 11, 2007