People v. Yolles, 705 N.E.2d 1201 (NY 1998). · Go Syfert
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People v. Yolles, 705 N.E.2d 1201 (NY 1998). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases · …the period during which pre-trial motions were under consideration by the court at p. 961 ⚠ not in text
39 citation events (28 in the last 25 years) across 7 distinct courts.
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 12 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Williams
nyjustct · 2025 · confidence medium
The People specifically contend that the period from November 19, 2024 to January 30, 2025 is excludable inasmuch as the court had "reserved decision" relative to "repeated[] . . . oral motions" made by the People "to reduce the pending Felonies pursuant to [CPL] 180.50." Contrary to that contention, however, the court's records reflect that it denied those applications, rather than holding them in abeyance and thereby rendering them the subject of continuing consideration ( see generally People v Yolles , 92 NY2d 960, 961 [1998]).
discussed Cited as authority (rule) People v. Williams
nyjustct · 2025 · confidence medium
The People specifically contend that the period from November 19, 2024 to January 30, 2025 is excludable inasmuch as the court had "reserved decision" relative to "repeated[] . . . oral motions" made by the People "to reduce the pending Felonies pursuant to [CPL] 180.50." Contrary to that contention, however, the court's records reflect that it denied those applications, rather than holding them in abeyance and thereby rendering them the subject of continuing consideration ( see generally People v Yolles , 92 NY2d 960, 961 [1998]).
cited Cited as authority (rule) People v. Chang Cong
N.Y. App. Term. · 2022 · confidence medium
At the outset we note that CPL 180.50 "provides a mechanism for reducing charges in a felony complaint to offenses other than felonies" ( People v Yolles , 92 NY2d 960, 961 [1998]).
discussed Cited as authority (rule) People v. Smith (Marie)
N.Y. App. Term. · 2021 · confidence medium
CPL 180.50 provides a mechanism for reducing felony charges contained in a felony complaint to offenses other than felonies upon an inquiry by the court as to whether the factual allegations of the felony complaint were legally sufficient to support those non-felony offenses, which decision then governs what mechanism is available to the People to proceed with the reduction ( see People v Yolles , 92 NY2d 960, 961 [1998]; People v Kane , 57 Misc 3d 35 [App Term, 2d Dept, 9th & 10th Jud Dists 2017]; People v Minor , 144 Misc 2d 846 [App Term, 2d Dept, 2d & 11th Jud Dists 1989]).
discussed Cited as authority (rule) People v. Toribio (Paola)
N.Y. App. Term. · 2020 · confidence medium
It is well established that the Legislature crafted CPL 180.50 as the sole blueprint for reducing a felony complaint to a misdemeanor accusatory instrument ( see People v Yolles , 92 NY2d 960, 961 [1998]; People v Kane , 57 Misc 3d 35, 38 [App Term, 2d Dept, 9th & 10th Jud Dists 2017] ["CPL 180.50 provides the mechanism for reducing charges in a felony complaint to offenses other than felonies"]; People v Jones , 151 Misc 2d 582, 583 [App Term, 2d Dept, 2d & 11th Jud Dists 1991] ["there was never an effective reduction of the felony charges to misdemeanors, since the attempted methods used wer…
discussed Cited as authority (rule) People v. Bhagat (Sunil)
N.Y. App. Term. · 2019 · confidence medium
CPL 180.50 provides the mechanism for reducing charges in a felony complaint to offenses other than felonies ( see People v Yolles , 92 NY2d 960, 961 [1998]; People v Minor , 144 Misc 2d 846 [App Term, 2d Dept, 2d & 11th Jud Dists 1989]).
discussed Cited as authority (rule) People v. Kane
N.Y. App. Term. · 2017 · confidence medium
CPL 180.50 provides the mechanism for reducing charges in a felony complaint to offenses other than felonies (see People v Yolles, 92 NY2d 960, 961 [1998]; People v Minor, 144 Misc 2d 846 [App Term, 2d Dept, 2d & 11th Jud Dists 1989]).
discussed Cited as authority (rule) People v. Kane (Rebecca)
N.Y. App. Term. · 2017 · confidence medium
CPL 180.50 provides the mechanism for reducing charges in a felony complaint to offenses other than felonies ( see People v Yolles , 92 NY2d 960, 961 [1998]; People v Minor , 144 Misc 2d 846 [App Term, 2d Dept, 2d & 11th Jud Dists 1989]).
cited Cited as authority (rule) People v. Hunter
NY · 2005 · confidence medium
The requisite CPL 180.50 reduction inquiry, i.e., “whether the facts and evidence provide a basis for charging a nonfelony offense,” was not conducted (see People v Yolles, 92 NY2d 960, 961 [1998]).
discussed Cited as authority (rule) People v. Carrabotta
N.Y. City Crim. Ct. · 2003 · confidence medium
(See People v Yolles, 92 NY2d 960, 961 [1998] [Court affirms Appellate Term decision which held that where People fail to comply with CPL 180.50 in reduc ing original felony to misdemeanor, improperly reduced misdemeanor should be dismissed and further proceedings must be had on the original felony complaint]; People v Minor, 144 Misc 2d 846, 848 [App Term, 2d Dept 1989] [felony complaint reinstated where Appellate Term holds that “(a)n attempted reduction of a felony complaint . . . not done pursuant to the requirements of CPL 180.50 is invalid and of no legal effect and the felony complain…
cited Cited "see" People v. Carranza
N.Y. Crim. Ct., Richmond · 2025 · signal: see · confidence high
See People v Yolles , 92 NY2d 960, 961 (1998).
discussed Cited "see, e.g." People v. Leal
N.Y. City Crim. Ct. · 2015 · signal: see also · confidence low
(People v Ramrup, 47 Misc 3d 1223[A] , 2015 NY Slip Op 50828[U] [Sup Ct, Bronx County 2015]; People v Radtke, 153 Misc 2d 554 [Sup Ct, Queens County 1992]; People v Davis, 169 Misc 2d 977 [Westchester County Ct 1996].) It is critical to note that “[a]n attempted reduction of a felony complaint . . . not done pursuant to the requirements of CPL 180.50 is invalid and of no legal effect and the felony complaint remains pending.” (People v Minor, 144 Misc 2d 846, 848 [App Term, 2d Dept, 2d & 11th Jud Dists 1989]; see also People v Yolles, 92 NY2d 960 [1998]; People v Page, 177 Misc 2d 448 [Cri…
Retrieving the full opinion text from the archive…
The People of the State of New York, Appellant,
v.
Harry Yolles, Respondent
New York Court of Appeals.
Nov 18, 1998.
705 N.E.2d 1201
APPEARANCES OF COUNSEL, Michael E. Bongiorno, District Attorney of Rockland County, New City (Ellen O’Hara Woods of counsel), for appellant., Tracy, Bertolino & Edwards, New City (John S. Edwards of counsel), for respondent.
Kaye and Judges Bellacosa, Smith, Levine, Ciparick and Wesley Concur.
Cited by 19 opinions  |  Published

OPINION OF THE COURT

Memorandum.

The order of the Appellate Term should be affirmed.

Section 180.50 of the Criminal Procedure Law provides a mechanism for reducing charges in a felony complaint to offenses other than felonies. If the prosecutor consents, the local criminal court must first inquire into whether the facts and evidence provide a basis for charging a nonfelony offense (CPL 180.50 [1]). Only if the court is satisfied, after such an inquiry, that there is reasonable cause to believe that the defendant committed a nonfelony offense may the court order the indicated reduction.

As the Village Court acknowledged here, it undertook no inquiry to determine whether the facts surrounding the defendant’s conduct warranted reduction of the second degree assault (Penal Law § 120.05) charge to third degree assault (Penal Law § 120.00). With no judicial inquiry prior to the prosecution’s filing of the misdemeanor information or before the felony complaint was marked to reflect the reduction in charge, there was no conversion to the misdemeanor charge. The third degree assault charge was therefore properly dismissed.

Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick and Wesley concur.

Order affirmed in a memorandum.