By: Edmead P.J., Brigantti, Hagler, JJ.
19-282. THE PEOPLE OF THE STATE OF NEW YORK, res, v. RHODA WILKINS, def-app — Judgment of conviction (Laurie Peterson, J.), rendered December 12, 2018, affirmed. Defendant was charged in an accusatory instrument with, inter alia, three felony weapon and drug charges, and one misdemeanor. Pursuant to a plea agreement, the felony charges were dismissed and defendant pleaded guilty to the charged misdemeanor offense of unlawfully dealing with a child in the first degree (see Penal Law 260.20[1]), in exchange for a sentence of conditional discharge. On appeal, defendant challenges the facial sufficiency of the charge to which she pleaded, as well as the knowing and voluntary nature of her guilty plea. Significantly, however, the only relief defendant requests is dismissal of the entire accusatory instrument in the interest of justice, rather than a remand on the remaining charges, and she expressly requests that this Court affirm her conviction if it does not grant dismissal. Even were we to accept defendant’s appellate contentions, we find that her specific request for dismissal of the entire accusatory instrument in the interest of justice would not be an appropriate remedy. In view of the serious nature of the felony charges contained in the accusatory instrument, a penological purpose would be served by remanding the matter for further proceedings on those charges (see People v. Conceicao, 26 NY3d 375, 385 n [2015]). We therefore affirm the judgment of conviction without reviewing defendant’s challenge, since the ultimate outcome of this appeal would, in any event, be an affirmance (see People v. Teron, 139 AD3d 450 [2016]; People v. Torrence, 70 Misc 3d 136[A], 2021 NY Slip Op 50045[U] [App Term, 1st Dept 2021], lv denied 37 NY3d 961 [2021]). “There is a legitimate concern that defendants charged in multi-count local court accusatory instruments should not be able to thwart the system by obtaining a swift and favorable plea agreement, only to belatedly raise a ‘jurisdictional’ challenge on direct appeal to the sufficiency of the factual allegations of one count in the instrument in order to seek a dismissal by the intermediate appellate court of the whole instrument in the interest of justice…To avoid such gamesmanship, the proper corrective remedy, plainly afforded by CPL 470.55, is a remittal to the trial court for further proceedings on the accusatory instrument” (People v. Thiam, 34 NY3d 1040, 1050 [2019], DiFiore, Ch. J. concurring]). In any event, we reject defendant’s claims on the merits. The accusatory instrument, evaluated under the standard that governs a complaint (see People v. Dumay, 23 NY3d 518, 524 [2014]), contained facts establishing reasonable cause to believe that defendant was guilty of unlawfully dealing with a child in the first degree. Our review of the record also satisfies us that her guilty plea was entered knowingly, voluntarily and intelligently. THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
