Opinion
March 12, 1962
Appeal by defendant from a judgment of the Court of Special Sessions of the City of New York, Borough of Brooklyn, rendered July 1, 1960, after trial, convicting her of disorderly conduct, and sentencing her to serve 30 days in the Workhouse. Execution of the sentence was suspended. Judgment reversed on the law, information dismissed and defendant discharged. The facts have not been considered. Defendant was charged with assault in the third degree, a misdemeanor ( People v. Rytel, 284 N.Y. 242). After trial, she was convicted of the offense of disorderly conduct. On the trial of the misdemeanor charge the Court of Special Sessions was without jurisdiction to convict defendant of the offense of lesser grade, to wit, disorderly conduct, since she had not pleaded guilty to such offense (N.Y. City Crim. Cts. Act, § 31, subd. 9; People v. Torraco, 12 A.D.2d 964; People v. Ginther, 15 A.D.2d 515). Beldock, P.J., Kleinfeld, Brennan, Rabin and Hopkins, JJ., concur.