People v. Burgess

Summary

The New York Court of Appeals reversed the Appellate Term’s affirmation, vacated Warren Burgess’s guilty plea, and remanded the case for further proceedings because the misdemeanor information he pleaded to was jurisdictionally deficient for failing to allege firearm operability. The Court held that a deficient accusatory instrument cannot support a plea and that the case must be returned to its pre‑plea status under CPL 470.55.