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THE PEOPLE OF THE STATE OF NEW YORK, Respondent
v.
MILTON BRELAND, Appellant.
Argued By: Christopher M. Cevasco (counsel for the appellant); Lawrence J. Schwarz (counsel for the respondent)
Conviction Reversed / Accusatory Instrument Dismissed: Angelo J. Ingrassia, J.P.; Marquette L. Floyd & Louis C. Palella, JJ.
DECISION OF THE COURT
<SM-1>
Appeal by defendant from a judgment of the District Court, Nassau County (M Alonge, J.), rendered October 16, 1997, which convicted him of aggravated harassment in the second degree (Penal Law § 240.30 [2]) and imposed sentenced.
Judgment of conviction unanimously reversed on the law and accusatory instrument dismissed.
The agreement by the court on the record to annex the supporting deposition of complainant's husband to the accusatory instrument, is not the equivalent of a filing and <SM-2> the accusatory instrument was never properly converted to an information (see, People v. Reilly, NYLJ June 16, 1992 [App Term, 9th & 10th Jud Dists]). Accordingly, under the facts presented, the accusatory instrument must be dismissed.
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