It is hereby ordered that the judgment so appealed from is unanimously reversed on the law, the plea is vacated and the indictment is dismissed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of promoting prison contraband in the second degree (Penal Law § 205.20 [2]), defendant contends that the judgment of conviction must be reversed because there was no valid accusatory instrument in existence at the time of the plea. We agree...
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