No. 114
The People &c.,
Respondent, v. Benjamin Hunter,
Appellant.
2005 NY Int. 115
June 30, 2005
This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
J. Scott Porter, for appellant. Alice Wiseman, for respondent.
MEMORANDUM:
The order of the Appellate Term should be affirmed.
By felony complaint, dated February 4, 2000, defendant
was charged with two felony counts of assault in the second
degree and one misdemeanor count of criminal possession of a
weapon in the fourth degree. Thereafter, on February 9, 2000,
the People reduced the felony assault charges to two misdemeanor
counts of assault in the third degree and added misdemeanor
charges of endangering the welfare of a child and harassment in
the second degree. The requisite CPL 180.50 reduction inquiry,
i.e., "whether the facts and evidence provide a basis for
charging a nonfelony offense," was not conducted ( see People v
Yolles, , 92 NY2d 960 [1998]). Defendant pleaded guilty to assault
in the third degree and was sentenced to six months in jail. The
Appellate Term affirmed, and a Judge of this Court granted
defendant leave to appeal.
Defendant, by his guilty plea, forfeited any claim that
Criminal Court failed to conduct the inquiry required by CPL
180.50 ( see People v Hansen, , 95 NY2d 227, 230 [2000]; People v
Prescott, , 66 NY2d 216 [1985]).