People v. Pearson

Judgments, Criminal Division of the Supreme Court, Bronx County (Harold Adler, J., at pleas; John N. Byrne, J., at sentence), rendered March 26, 2007, convicting defendant of criminal possession of a controlled substance in the seventh degree and menacing in the second degree, and sentencing him to concurrent terms of nine months, unanimously reversed, on the law, the accusatory instrument charging possession of a controlled substance dismissed, the menacing conviction vacated and that matter remanded for further proceedings.

As the People concede, defendant did not expressly waive his right…