People v Womack (William)

[*1] People v Womack (William) 2014 NY Slip Op 51727(U) Decided on November 26, 2014 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 26, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., ALIOTTA and ELLIOT, JJ.
2011-3212 Q CR

The People of the State of New York, Respondent,

against

William A. Womack, Appellant.

Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Suzanne J. Melendez, J.), rendered November 9, 2011. The judgment convicted defendant, upon his plea of guilty, of resisting arrest.

ORDERED that the judgment of conviction is reversed, on the law, and the accusatory instrument is dismissed.

Defendant was charged, in a single accusatory instrument, with resisting arrest (Penal Law § 205.30) and disorderly conduct (Penal Law § 240.20 [5]), and subsequently pleaded guilty to resisting arrest.

We agree with defendant's sole contention on appeal that, as the People concede, the information was jurisdictionally defective for failing to allege essential elements of the offenses (see People v Jones, 9 NY3d 259, 262 [2007]).

Accordingly, the judgment of conviction is reversed and the accusatory instrument is dismissed.

Pesce, P.J., Aliotta and Elliot, JJ., concur.

Decision Date: November 26, 2014