Campbell v. Pesce

OPINION OF THE COURT

Kaye, J.

After sentence has commenced, a court which has accepted a plea in violation of the Criminal Procedure Law may not vacate the illegal plea and reinstate the original charges.

Appellant was arraigned on a felony complaint charging first degree robbery and criminal use of a firearm in the first degree. According to the complaint, appellant, acting in concert with another person, “forcibly stole certain property” from the victim and “displayed what appeared to be a handgun.” The prosecutor moved to reduce the charges to the misdemeanor offenses of petit larceny and…