People v. Ready

283 A.D.2d 231, 724 N.Y.S.2d 839, 2001 N.Y. App. Div. LEXIS 4833

Opinion

—Judgment, Supreme Court, Bronx County (Daniel FitzGerald, J.), rendered May 11, 1998, convicting defendant, upon his plea of guilty, of assault in the second degree, and sentencing him to a term of 1 year, unanimously reversed, on the law, the plea vacated, the superior court information dismissed and the matter remitted for further proceedings on the indictment.

As the People concede, defendant’s post-indictment guilty plea under a superior court information violated CPL 195.10 (People v Boston, 75 NY2d 585). We note that on this appeal defendant requests vacatur of his plea and a remand for further proceedings on the indictment notwithstanding the fact that he has served the sentence originally imposed. Concur— Mazzarelli, J. P., Ellerin, Wallach, Rubin and Friedman, JJ.