| People v Caba (Wilver) |
| 2021 NY Slip Op 50981(U) [73 Misc 3d 132(A)] |
| Decided on October 20, 2021 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (Jeffrey M. Zimmerman, J.), rendered April 18, 2018, upon his plea of guilty, convicting him of disorderly conduct, and imposing sentence.
Per Curiam.
Judgment of conviction (Jeffrey M. Zimmerman, J.), rendered April 18, 2018, reversed, on the law, the accusatory instrument dismissed, and surcharge, if paid, remitted.
As the People concede, the allegations in the accusatory instrument were jurisdictionally insufficient to meet the elements of the charged misdemeanors of criminal possession of a forged instrument in the third degree (see Penal Law § 170.20), and criminal possession of a controlled substance in the seventh degree (see Penal Law § 220.03). Furthermore, in view of the subsequent repeal of Penal Law § 221.05 (see CPL 160.50[5]), the People concede that the remaining offense of unlawful possession of marijuana is properly dismissed.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.