People v Cumberbatch

People v Cumberbatch 2008 NY Slip Op 01033 [10 NY3d 728] February 7, 2008 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 19, 2008

[*1] The People of the State of New York, Respondent,
v
Alvaro Cumberbatch, Appellant.

Decided February 7, 2008

People v Cumberbatch, 36 AD3d 157, reversed.

APPEARANCES OF COUNSEL

Office of the Appellate Defender, New York City (Margaret E. Knight, Richard M. Greenberg and Risa Gerson of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Beth Fisch Cohen of counsel), for respondent.

{**10 NY3d at 729} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, defendant's plea vacated and case remitted to Supreme Court, New York County, for further proceedings on the indictment (see People v Louree, 8 NY3d 541 [2007]).

Concur: Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.