People v. Monegro

Summary

The Appellate Division, First Department, unanimously affirmed two judgments convicting Brandon Monegro of assault-related offenses and the sentences imposed. The court held that disorderly conduct was properly included in the Superior Court Information as a joinable lesser non-inclusory offense and found moot the defendant's request concerning a subsequent guilty plea.

Holdings

1. Disorderly conduct was properly included in the Superior Court Information as a joinable lesser non-inclusory offense because it and assault in the second degree were based on the same act or criminal transaction, and disorderly conduct was neither a higher-grade offense than an offense in the felony complaint nor an offense containing an additional aggravating element compared with second-degree assault.
2. The challenge to defendant's subsequent guilty plea was moot because the court affirmed the prior conviction on which the requested conditional relief depended.

Questions Presented

1. Whether disorderly conduct was properly included in the Superior Court Information as a joinable lesser non-inclusory offense alongside assault in the second degree charged in the felony complaint.
2. Whether defendant's subsequent guilty plea under indictment No. 73093/23 should be vacated conditionally if the conviction under SCI No. 70645/23 were reversed.
3. Whether the two Supreme Court judgments should be affirmed.

Disposition

affirmed