Ordered that the judgment is reversed, on the law, the plea is vacated, Superior Court information No. 05-0126 is dismissed, and the matter is remitted to the County Court, Westchester County, for further proceedings on the felony complaint.
The defendant was charged, by felony complaint, with criminal sexual act in the first degree in violation of Penal Law § 130.50 (4), a class B violent felony (see Penal Law § 70.02 [1] [a]), on the basis of an...
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