PEOPLE v. MALDONADO

Ind. No. 2289/14. Appeal No. 13294-13294A. Case No. 2018-2316.

192 A.D.3d 462 (2021)

139 N.Y.S.3d 815

2021 NY Slip Op 01365

The People of the State of New York, Respondent, v. Richard Maldonado, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 9, 2021.


Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Katheryne M. Martone of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Diana J. Lewis of counsel), for respondent.

Concur—Gische, J.P., Singh, Moulton, González, JJ.


As the People concede, defendant's guilty plea to a count that had been dismissed, was jurisdictionally defective (see CPL 220.10). The only remaining viable count of the indictment is a misdemeanor, which we dismiss in the interest of justice in light of the remaining felony conviction.

We perceive no basis for reducing the remaining...

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