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PEOPLE v. YOLLES

92 N.Y.2d 960 (1998)

705 N.E.2d 1201

683 N.Y.S.2d 160

The People of the State of New York, Appellant, v. Harry Yolles, Respondent.

Court of Appeals of the State of New York.

Decided November 18, 1998.

Attorney(s) appearing for the Case

Michael E. Bongiorno, District Attorney of Rockland County, New City (Ellen O'Hara Woods of counsel), for appellant.

Tracy, Bertolino & Edwards, New City (John S. Edwards of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.

MEMORANDUM.

The order of the Appellate Term should be affirmed.

Section 180.50 of the Criminal Procedure Law provides a mechanism for reducing charges in a felony complaint to offenses other than felonies. If the prosecutor consents, the local criminal court must first inquire into whether the facts and evidence provide a basis for charging a nonfelony offense (CPL 180.50 [1]). Only if the court is satisfied, after...

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