PEOPLE v. ELEY

2016-1538 KCR.

64 Misc.3d 101 (2019)

106 N.Y.S.3d 548

2019 NY Slip Op 29250

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCUS ELEY, Appellant.

Supreme Court, Appellate Term, Second Department, 2d, 11th and 13th Judicial Districts.

August 9, 2019.


Attorney(s) appearing for the Case

Appellate Advocates ( Anders Nelson of counsel) for appellant.

Eric Gonzalez , District Attorney ( Leonard Joblove , Jodi L. Mandel and Julian Joiris of counsel), for respondent.


OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment of conviction is reversed, on the law, the guilty plea is vacated and the fine, if paid, is remitted.

Defendant was charged in a felony complaint with multiple felonies, misdemeanors and violations. The counts were presented to the grand jury, which found probable cause to charge defendant only with assault in the third degree (Penal Law § 120.00 [1]) and theft of services (Penal Law...

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