People v. Holt

OPINION OF THE COURT

Judgment of conviction rendered September 17, 1997 reversed, on the law, and the information is dismissed.

*920Absent any indication that defendant consented to a trial before a Judicial Hearing Officer, the conviction obtained below lacked an “ ‘essential jurisdictional predicate’ ” (Batista v Del-baum, Inc., 234 AD2d 45, 46) and must be vacated (see, CPL 350.20; People v Theodore, NYLJ, July 19, 1991, at 27, col 5 [App Term, 2d Dept]). The assignment of a criminal case to a Judicial Hearing Officer for trial in the absence of the requisite statutory consent affects “ ‘the…