People v. Sicurella

— Judgment unanimously reversed on the law, plea vacated and matter remitted to Orleans County Court for further proceedings on the indictment. Memorandum: Defendant was charged with one count of reckless endangerment in the first degree (Penal Law § 120.25) for discharging a rifle while riding in a friend’s vehicle. He entered a plea of guilty to one count of criminal mischief in the third degree (Penal Law § 145.05) in satisfaction of the indictment.

Criminal mischief in the third degree is not a lesser included offense of reckless endangerment (see, CPL 1.20 [37]; 220.20). The People…