This memorandum is uncorrected and subject to revision before publication in the New York Reports. ----------------------------------------------------------------- No. 222 SSM 31 The People &c., Respondent, v. Eugene Francis, Appellant.

Submitted by Andrew W. Sayegh, for appellant.

Submitted by Laurie Sapakoff, for respondent.

MEMORANDUM: The order of the Appellate Division should be affirmed.

Supreme Court had jurisdiction over the case when it corrected an error in a decision issued one day prior based on an objective fact and thereby reinstated certain counts of defendant's - 1 - - 2 - SSM 31 indictment. Accordingly, there is no basis to disturb the judgment entered upon defendant's guilty plea. * * * * * * * * * * * * * * * * * On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum. Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur. Chief Judge DiFiore took no part.

Decided November 17, 2016

- 2 -