Majority
p. 933The People of the State of New York, Respondent, v Willie D. Ford, Appellant.
Judgment unanimously reversed on the law, plea vacated and superior court information
p. 934
dismissed. Memorandum: Defendant waived indictment and entered a plea of guilty to a superior court information charging him with criminal possession of a controlled substance in the second degree, a class A-II felony, and criminal possession of a weapon in the third degree. The People concede that waiver of indictment is not authorized with respect to a class A felony (NY Const, art I, §6; CPL 195.10 [1] [b]; People v Altagracia, 149 AD2d 981 ). The plea must be vacated as to both counts and the information dismissed. Of course, the People may present the case to the Grand Jury (see, People v Sledge, 90 AD2d 588 , 589). (Appeal from judgment of Cayuga County Court, Corning, J. — criminal possession of controlled substance, second degree.) Present — Dillon, P. J., Boomer, Green, Pine and Balio, JJ.
Cases cited
- People v. Sledge 90 AD2d 588 at 589 p. 934