People v. Francis, 65 N.E.3d 705 (NY 2016). · Go Syfert
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People v. Francis, 65 N.E.3d 705 (NY 2016). Cases Citing This Book View Copy Cite
1 citation event across 1 distinct court.
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discussed Cited "see, e.g." People v. Clark
N.Y. App. Div. · 2019 · signal: see also · confidence low
Here, contrary to the defendant's contention, the Supreme Court had the authority to reinstate the felony counts that had previously been dismissed at the request of the prosecutor ( see People v Barnett , 254 AD2d 12, 12 ; People v Clarke , 203 AD2d 916, 916 ; see also People v Francis , 132 AD3d 893, 895 , affd 28 NY3d 1034 ; People v Rosa , 265 AD2d 167, 167 ).
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The People of the State of New York
v.
Eugene Francis
New York Court of Appeals.
Nov 17, 2016.
65 N.E.3d 705
APPEARANCES OF COUNSEL, Andrew W. Sayegh, Yonkers, for appellant., James A. McCarty, Acting District Attorney, White Plains (.Laurie Sapakoff of counsel), for respondent.
Abdus, Difiore, Fahey, Garcia, Pigott, Rivera, Salaam, Stein.
Cited by 1 opinion  |  Published

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. Supreme Court had jurisdiction over the case when it corrected an error in a decision issued one day prior based on an objective fact and thereby reinstated certain counts of defendant’s indictment. Accordingly, there is no basis to disturb the judgment entered upon defendant’s guilty plea.

Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia, concur; Chief Judge DiFiore taking no part.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, in a memorandum.