People v. Yolles
| Decision Date | 18 November 1998 |
| Citation | 92 N.Y.2d 960,683 N.Y.S.2d 160,705 N.E.2d 1201 |
| Parties | , 705 N.E.2d 1201, 1998 N.Y. Slip Op. 10,096 The PEOPLE of the State of New York, Appellant, v. Harry YOLLES, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
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.
Order affirmed in a memorandum.
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People v. Leal
...People v. Minor, 144 Misc.2d 846, 848, 549 N.Y.S.2d 897 (App.Term, 2d & 11th Dists.1989) ; see also, People v. Yolles, 92 N.Y.2d 960, 683 N.Y.S.2d 160, 705 N.E.2d 1201 (1998) ; People v. Page, 177 Misc.2d 448, 677 N.Y.S.2d 689 (Crim.Ct., Bronx County 1998). Although CPL § 180.50 does not pr......
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People v. Kane, 2015-2373 ORCR.
...CPL 180.50 provides the mechanism for reducing charges in a felony complaint to offenses other than felonies (see People v. Yolles, 92 N.Y.2d 960, 961, 683 N.Y.S.2d 160, 705 N.E.2d 1201 [1998] ; People v. Minor, 144 Misc.2d 846, 549 N.Y.S.2d 897 [App Term, 2d Dept, 2d & 11th Jud Dists 1989]......
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People v. Cong
..."provides a mechanism for reducing charges in a felony complaint to offenses other than felonies" ( People v. Yolles , 92 N.Y.2d 960, 961, 683 N.Y.S.2d 160, 705 N.E.2d 1201 [1998] ). That section requires the court to conduct an inquiry as to whether the "facts and evidence relating to the ......
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People v. Chang Cong
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