Opinion
May 10, 2001.
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.
Daniel B. Navabpour, for respondent.
William B. Carney, for defendant-appellant.
Before: Mazzarelli, J.P., Ellerin, Wallach, Rubin, Friedman, JJ.
As the People concede, defendant's post-indictment guilty plea under a superior court information violated CPL 195.10 (People v. Boston, 75 N.Y.2d 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.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.