Appeal from judgments of the Justice Court of the Village of Spring Valley, Rockland County (David Fried, J.), rendered March 11, 2011. The judgments convicted defendant, upon jury verdicts, of petit larceny and resisting arrest, respectively.

ORDERED that the judgments of conviction are reversed, on the law, the information charging defendant with resisting arrest is dismissed, the felony complaint charging defendant with grand larceny in the fourth degree is reinstated, and the matter is remitted to the Justice Court for all further proceedings on the felony complaint.

Defendant was initially charged in a felony complaint with grand larceny in the fourth degree (Penal Law § 155.30 [1]), and, in a separate information, with resisting arrest (Penal Law § 205.30). Thereafter, the felony charge was purportedly reduced to petit larceny (Penal Law § 155.25). After a jury trial, defendant was found guilty of petit larceny and resisting arrest.

A review of the felony complaint reveals that it was never converted into an information in accordance with CPL 180.50 (3) (a) (iii). Therefore, the reduction of the charge to petit larceny "is invalid and of no legal effect and the felony complaint remains pending" (People v Minor, 144 Misc 2d 846, 848 [App Term, 2d & 11th Jud Dists 1989] see People v Yolles, 92 NY2d 960 [1998] People v Henderson, 7 Misc 3d 126[A], 2005 NY Slip Op 50404[U] [App Term, 9th & 10th Jud Dists 2005]). Consequently, the judgment convicting defendant of petit larceny is reversed, and the felony complaint is reinstated.

With respect to the information charging defendant with resisting arrest (Penal Law § 205.30), we find that the factual allegations contained therein failed to allege facts sufficient to establish, if true, the lawfulness of the arrest, i.e., that "the arrest was premised on probable cause" (People v Jensen, 86 NY2d 248, 253 [1995] People v Davis, 31 Misc 3d 142[A], 2011 NY Slip Op 50844[U] [App Term, 9th & 10th Jud Dists 2011] People v Christiansen, 19 Misc 3d 134[A], 2008 NY Slip Op 50693[U] [App Term, 9th & 10th Jud Dists 2008] People v Lucas, 15 Misc 3d 139[A], 2007 NY Slip Op 50943[U] [App Term, 9th & 10th Jud Dists 2007]). Consequently, the information charging defendant with resisting arrest is jurisdictionally defective and must be dismissed.

Accordingly, the judgments of conviction are reversed, the information charging defendant with resisting arrest is dismissed, the felony complaint charging defendant with grand larceny in the fourth degree is reinstated, and the matter is remitted to the Justice Court for all further proceedings on the felony complaint. [*2]

Tolbert, J.P., Nicolai and Iannacci, JJ., concur.
Decision Date: February 06, 2014