| People v Rocha (Nelson) |
| 2024 NY Slip Op 51677(U) |
| Decided on November 13, 2024 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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, New York County (Robert M. Mandelbaum, J., at plea; Nicholas W. Moyne J., at replea and sentencing), rendered July 2, 2019, convicting him, upon a plea of guilty, of disorderly conduct, and sentencing him, inter alia, to restitution in the amount of $744.75.
Per Curiam.
Judgment of conviction (Robert M. Mandelbaum, J., at plea; Nicholas W. Moyne, J., at replea and sentencing), rendered July 2, 2019, reversed, on the law, the accusatory instrument dismissed, and surcharges, fees and restitution, if paid, remitted.
As the People concede, the accusatory instrument must be dismissed as jurisdictionally defective, since the factual allegations were insufficient to establish reasonable cause to believe that defendant committed the charged offenses.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur