
    [ 882 NE2d 394, 852 NYS2d 825]
    The People of the State of New York, Respondent, v Alvaro Cumberbatch, Appellant.
    Decided February 7, 2008
    
      APPEARANCES OF COUNSEL
    
      Office of the Appellate Defender, New York City (Margaret E. Knight, Richard M. Greenberg and Risa Gerson of counsel), for appellant.
    
      Robert M. Morgenthau, District Attorney, New York City (Beth Fisch Cohen of counsel), for respondent.
   OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, defendant’s plea vacated and case remitted to Supreme Court, New York County, for further proceedings on the indictment (see People v Louree, 8 NY3d 541 [2007]).

Concur: Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.  