PEOPLE v. TURNER

570763/11

48 Misc.3d 21 (2015)

11 N.Y.S.3d 790

2015 NY Slip Op 25147

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TONY TURNER, Appellant.

Supreme Court, Appellate Term, First Department.

Decided May 7, 2015.


Attorney(s) appearing for the Case

The Legal Aid Society, New York City ( Sheilah Fernandez of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York City ( Grace Vee of counsel), for respondent.

LOWE, III, P.J., SHULMAN and HUNTER, JR., JJ., concur.


OPINION OF THE COURT

Judgment of conviction, rendered September 14, 2011, reversed, on the law, accusatory instrument dismissed and surcharge, if paid, remitted.

In view of defendant's knowing waiver of the right to be prosecuted by an information, "the facial sufficiency of the accusatory instrument" must be measured "by...

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