People v. Hummel-Parker
| Decision Date | 25 April 2019 |
| Docket Number | 109043 |
| Citation | 97 N.Y.S.3d 539 (Mem),171 A.D.3d 1397 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Michael HUMMEL–PARKER, Appellant. |
| Court | New York Supreme Court — Appellate Division |
171 A.D.3d 1397
97 N.Y.S.3d 539 (Mem)
The PEOPLE of the State of New York, Respondent,
v.
Michael HUMMEL–PARKER, Appellant.
109043
Supreme Court, Appellate Division, Third Department, New York.
Calendar Date: March 30, 2019
Decided and Entered: April 25, 2019
Eric K. Schillinger, Albany, for appellant.
Robert M. Carney, District Attorney, Schenectady (Peter H. Willis of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Devine, Aarons and Pritzker, JJ.
MEMORANDUM AND ORDER
Egan Jr., J.
Appeal from a judgment of the County Court of Schenectady County (Sypnewski, J.), rendered September 28, 2016, convicting defendant upon his plea of guilty of the crime of attempted criminal possession of a weapon in the second degree.
Defendant waived indictment, pleaded guilty to a superior court information (hereinafter SCI) charging him with attempted criminal possession of a weapon in the second degree and waived his right to appeal. County Court sentenced him, in accordance with the terms of the plea agreement, to a prison term of three years
followed by 1½ years of postrelease supervision. Defendant appeals.
Initially, defendant contends that the SCI is jurisdictionally defective. Specifically, defendant asserts that all material elements of attempted criminal possession of a weapon in the second degree were not set forth in the accusatory instrument as there was no reference to the weapon being loaded (see Penal Law § 265.03[1][b] ). Although this issue survives defendant's unchallenged appeal waiver and guilty plea (see People v. Brown, 163 A.D.3d 1269, 1271, 82 N.Y.S.3d 218 [2018] ), it is without merit. The specific reference to the statute in the SCI is sufficient to constitute allegations of all the elements of the crime charged in order to survive a jurisdictional...
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People v. Huntley, 109718
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