People v Francis

People v Francis 2016 NY Slip Op 07706 Decided on November 17, 2016 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 17, 2016
No. 222 SSM 31

[*1]The People & c., Respondent,

v

Eugene Francis, Appellant.

Submitted by Andrew W. Sayegh, for appellant.

Submitted by Laurie Sapakoff, 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.

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On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum. Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur. Chief Judge DiFiore took no part.

Decided November 17, 2016