People v. Phillips

Judgment of the Supreme Court, New York County, rendered December 13, 1977, convicting defendant upon his plea of guilty of arson in the fourth degree, a class E felony (Penal Law, § 150.05) and sentencing him to a one-year term of imprisonment, affirmed and the case is remitted to the Supreme Court, New York County, for further proceedings pursuant to CPL 460.50 (subd 5). The Criminal Court was divested of jurisdiction when the indictment was filed the previous day (CPL 170.20, subd 1). Hence, the plea in the Criminal Court on October 21, 1976 was a nullity and the promise of a sentence of…