People v Cruz, 39 NY3d at 973 (2022)

2022 NY Slip Op 07023 [39 NY3d 973]
December 13, 2022
Court of Appeals

[*1]

In the Matter of The People of the State of New York, Respondent,
v
Jaime Cruz, Appellant.

Decided December 13, 2022

People v Cruz, 69 Misc 3d 131(A), 2020 NY Slip Op 51185(U), reversed.

{**39 NY3d at 973} 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 and accusatory instrument dismissed. As the People acknowledge, the accusatory instrument’s misdemeanor count, to which defendant pleaded guilty, was facially deficient (see People v Hill, 38 NY3d 460, 462 [2022]). The People consent to dismissal of the remaining portion of the accusatory instrument.

Concur: Acting Chief Judge Cannataro and Judges Rivera, Garcia, Wilson, Singas and Troutman.