SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
274
KA 15-01098
PRESENT: PERADOTTO, J.P., LINDLEY, DEJOSEPH, NEMOYER, AND TROUTMAN,
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V MEMORANDUM AND ORDER
JACOB MELVIN, DEFENDANT-APPELLANT.
(APPEAL NO. 2.)
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (TIMOTHY P. MURPHY OF
COUNSEL), FOR DEFENDANT-APPELLANT.
MICHAEL J. FLAHERTY, JR., ACTING DISTRICT ATTORNEY, BUFFALO (NICHOLAS
T. TEXIDO OF COUNSEL), FOR RESPONDENT.
Appeal from a judgment of the Supreme Court, Erie County
(Christopher J. Burns, J.), rendered March 18, 2015. The judgment
convicted defendant, upon his pleas of guilty, of assault in the
second degree (two counts).
It is hereby ORDERED that the judgment so appealed from is
unanimously reversed on the law, the guilty pleas are vacated, the
superior court information is dismissed and the matter is remitted to
Supreme Court, Erie County, for proceedings pursuant to CPL 470.45.
Same memorandum as in People v Melvin ([appeal No. 1] ___ AD3d
___ [Mar. 31, 2017]).
Entered: March 31, 2017 Frances E. Cafarell
Clerk of the Court