People v Ramirez (Javier)

[*1] People v Ramirez (Javier) 2020 NY Slip Op 51153(U) Decided on October 2, 2020 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 2, 2020
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Edmead, P.J., Cooper, Higgitt, JJ.
&em;

The People of the State of New York, Respondent, - -

against

Javier Ramirez, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Anne J. Swern, J.), rendered January 30, 2019, convicting him, upon a plea of guilty, of disorderly conduct, and imposing sentence.

Per Curiam.

Judgment of conviction (Anne J. Swern, J.), rendered January 30, 2019, reversed, on the law, and the accusatory instrument dismissed.

Reversal of the judgment of conviction and dismissal of the accusatory instrument charging defendant with criminal possession of stolen property in the fifth degree (see Penal Law § 165.40) is mandated since, as the People concede, the allegations in the accusatory instrument were jurisdictionally insufficient to meet the "stolen property" element of the offense.THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concurI concur
Decision Date: October 2, 2020