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PEOPLE, res, v. BRIAN M. FREEMAN, def-ap

3765. PEOPLE, res, v. BRIAN M. FREEMAN, def-ap — Seymour W. James, Jr., The Legal Aid Society, New York (Joanne Legano Ross of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Andrew E. Seewald of counsel), for res — Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered June 25, 2013, convicting defendant, upon his plea of guilty, of criminal trespass in the second degree, and sentencing him to a conditional discharge for a period of one year, with 25 days of community service, unanimously affirmed.

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3765. PEOPLE, res, v. BRIAN M. FREEMAN, def-ap — Seymour W. James, Jr., The Legal Aid Society, New York (Joanne Legano Ross of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Andrew E. Seewald of counsel), for res — Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered June 25, 2013, convicting defendant, upon his plea of guilty, of criminal trespass in the second degree, and sentencing him to a conditional discharge for a period of one year, with 25 days of community service, unanimously affirmed.

Defendant’s guilty plea to a misdemeanor charge not included in the misdemeanor indictment was not jurisdictionally defective. The constitutional restriction preventing the State from indicting a defendant on one felony and then accepting a plea to a different felony with no common factual or legal basis is inapplicable here, as defendant was charged with, and pleaded guilty to, misdemeanors (see People v. Keizer, 100 NY2d 114, 119 [2003]).

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