People v Jalloh (Omaru)

[*1] People v Jalloh (Omaru) 2017 NY Slip Op 50019(U) Decided on January 12, 2017 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 12, 2017
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, J.P., Gonzalez, J.
570582/13

The People of the State of New York, Respondent,

against

Omaru Jalloh, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (Verna L. Saunders, J.), rendered June 5, 2013, convicting him, upon his plea of guilty, of disorderly conduct, and imposing sentence.

Per Curiam.

Judgment of conviction (Verna L. Saunders, J.), rendered June 5, 2013, reversed, on the law, and accusatory instrument dismissed.

Reversal of the judgment convicting defendant of disorderly conduct is mandated since, as the People concede, the allegations in the accusatory instrument were jurisdictionally insufficient to meet the elements of the charged crime. However, in the particular circumstances at issue and as the People request, the dismissal is without prejudice to reprosecution of the underlying offense under a new accusatory instrument (see CPL 470.20; see also People v Nuccio, 78 NY2d 102, 104 [1991]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur
Decision Date: January 12, 2017