People v. Magnaye (Jonelle)

The People of the State of New York, Respondent,

against

Jonelle Magnaye, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Diana M. Boyar, J.), rendered January 10, 2012, convicting him, upon a plea of guilty, of disorderly conduct, and imposing sentence.

Judgment of conviction (Diana M. Boyar, J.), rendered January 10, 2012, reversed, on the law, accusatory instrument dismissed, and surcharge, if paid, remitted.

Inasmuch as defendant did not waive prosecution by information, the facial sufficiency of the accusatory instrument…