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

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]).