The record establishes that the crime to which defendant pleaded guilty was criminal possession of a controlled substance in the fifth degree pursuant to Penal Law § 220.06 (5). This crime was not charged in the accusatory instrument nor was it, for plea purposes, a lesser included offense of the charged crime (see, CPL 220.20). In view of this, defendant's plea was jurisdictionally defective and must be vacated (see, People v Johnson,
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PEOPLE v. MARTINEZ
285 A.D.2d 387 (2001)
727 N.Y.S.2d 309
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM MARTINEZ, Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided July 12, 2001.
Decided July 12, 2001.
Appellate Division of the Supreme Court of the State of New York, First Department.
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