People v. Soman — 53 Misc. 2d 452

Majority

p. 452

The People of the State of New York, Respondent, v. Evelyn Soman, Appellant.

Supreme Court, Appellate Term, Second Department,

December 14, 1966.

Benjamin Gollay for appellant. Aaron E. Koota, District Attorney (Michael Schwartz of counsel), for respondent.

Defendant’s guilt was not established beyond a reasonable doubt. In any event it was improper to convict defendant of attempted malicious mischief, a crime with which

p. 453

she was not charged. Although a defendant indicted for a felony may be convicted of an attempt to commit such crime, without being specifically charged therewith (Penal Law, § 610), no similar authority is found in the New York City Criminal Court Act with regard to misdemeanors. We disapprove of the loose practice of reducing criminal charges against a defendant and then proceeding to trial ivithout the formality of filing a new complaint or information, and without a new arraignment.

The judgment of conviction should be unanimously reversed on the law and facts, and complaint dismissed.

Concur — Margett, Schwartzwald and Cone, JJ.

Judgment reversed, etc.