People v. O'Neill
| Decision Date | 25 June 2015 |
| Docket Number | 105043 |
| Citation | 12 N.Y.S.3d 349,129 A.D.3d 1382,2015 N.Y. Slip Op. 05517 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Paul O'NEILL, Appellant. |
| Court | New York Supreme Court — Appellate Division |
129 A.D.3d 1382
12 N.Y.S.3d 349
2015 N.Y. Slip Op. 05517
The PEOPLE of the State of New York, Respondent
v.
Paul O'NEILL, Appellant.
105043
Supreme Court, Appellate Division, Third Department, New York.
June 25, 2015.
John A. Cirando, Syracuse, for appellant.
Mark D. Suben, District Attorney, Cortland (Zela E. Brotherton of counsel), for respondent.
Before: GARRY, J.P., EGAN JR., ROSE and LYNCH, JJ.
Opinion
ROSE, J.
Appeal from a judgment of the County Court of Cortland County (Ames, J.), rendered January 31, 2012, convicting defendant upon his plea of guilty of the crimes of use of a child in a sexual performance and course of sexual conduct against a child in the first degree.
Defendant waived indictment and pleaded guilty to a superior court information (hereinafter SCI) charging him with use of a child in a sexual performance and course of sexual conduct against a child in the first degree. In accordance with the plea agreement, he was sentenced to an aggregate prison term of 15 years, to be followed by 20 years of postrelease supervision. His conviction was thereafter affirmed by this Court on appeal (116 A.D.3d 1240, 983 N.Y.S.2d 738 [2014] ). Subsequently, defendant made a motion to this Court for a writ of error coram nobis alleging that appellate counsel was ineffective for his failure to raise the issue that the SCI was jurisdictionally defective. This Court granted the motion and reinstated the appeal, but limited it to the issue of the jurisdictional validity of the SCI.
The People concede and we must agree, based upon the governing law, that the SCI was jurisdictionally defective in this case. The crimes charged in the SCI, to which defendant pleaded guilty, were required to be the same or lesser included offenses of those listed in the felony complaint (see People v....
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People v. O'Neill
...Court granted the motion, reinstated the appeal, vacated the plea and remitted the matter for further proceedings ( People v. O'Neill, 129 A.D.3d 1382, 12 N.Y.S.3d 349 [2015] ).Following this Court's remittal, defendant again waived indictment and ultimately agreed to plead guilty to a supe......