People v. Jacob Milton
AD2 order dated February 21, 2012, reversing judgment of conviction after a guilty plea, dismissing the SCI as jurisdictionally defective, and remanding for further proceedings on the felony complaint. Decision below: 92 A.D.3d 899, 938 N.Y.S.2d 635. Graffeo, J., granted leave to People May 23, 2012.
ISSUE PRESENTED: Whether the SCI was jurisdictionally defective because the persons named as victims in it are different from the two banking institutions named in the felony complaint.
SCI - jurisdictional defect based on variance with the felony complaint