People v Francis, 28 NY3d 1034 (2016)

2016 NY Slip Op 07706 [28 NY3d 1034]
November 17, 2016
Court of Appeals

[*1]

The People of the State of New York, Respondent,
v
Eugene Francis, Appellant.

Decided November 17, 2016

People v Francis, 132 AD3d 893, affirmed.

{**28 NY3d at 1035} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. Supreme Court had jurisdiction over the case when it corrected an error in a decision issued one day prior based on [*2]an objective fact and thereby reinstated certain counts of defendant’s indictment. Accordingly, there is no basis to disturb the judgment entered upon defendant’s guilty plea.

Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur; Chief Judge DiFiore taking no part.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, in a memorandum.