Opinion
2017-2047 W CR
03-21-2019
The PEOPLE of the State of New York, Respondent, v. Rene A. MALASQUEZ SANCHEZ, Appellant.
The Legal Aid Society of Westchester County (David B. Weisfuse of counsel), for appellant. Westchester County District Attorney (Christine DiSalvo and Steven A. Bender of counsel), for respondent.
The Legal Aid Society of Westchester County (David B. Weisfuse of counsel), for appellant.
Westchester County District Attorney (Christine DiSalvo and Steven A. Bender of counsel), for respondent.
PRESENT: BRUCE E. TOLBERT, J.P., JERRY GARGUILO, ELIZABETH H. EMERSON, JJ.
ORDERED that the judgment of conviction is reversed, on the law, the accusatory instrument is dismissed, and the fine, if paid, is remitted.
Defendant was charged in an accusatory instrument with unlawful possession of marihuana ( Penal Law § 221.05 ) and, on February 17, 2017, he pleaded guilty to the charge and was sentenced to pay a fine in the amount of $ 200.
Since the accusatory instrument was not verified in a manner set forth in CPL 100.30, it is not valid and, thus, the Justice Court never obtained jurisdiction over defendant (see CPL 100.15 ; Matter of Shirley v. Schulman , 78 NY2d 915, 917 [1991] ; People v. Gantz , 60 Misc 3d 140[A], 2018 NY Slip Op. 51271[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2018]; People v. Smith , 22 Misc 3d 131[A], 2009 NY Slip Op. 50166[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2009]; People v. Kessman Bros. , 2002 NY Slip Op. 50653[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2002] ). In view of the foregoing, the accusatory instrument must be dismissed (see Matter of Shirley , 78 NY2d at 917 ). We reach no other issue.
Accordingly, the judgment of conviction is reversed and the accusatory instrument is dismissed.
TOLBERT, J.P., GARGUILO and EMERSON, JJ., concur.