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People v. Grune

175 Misc. 2d 281 Court Supreme Court, Appellate Term, Second Department, Decision date 1997-11-03 English

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p. 281
[670 NYS2d 300]
The People of the State of New York, Respondent, v Jeffrey Grune, Appellant.
Supreme Court, Appellate Term, Second Department,
November 3, 1997
APPEARANCES OF COUNSEL
Luis A. Medina, Hawthorne, for appellant. Jeanine Ferris Pirro, District Attorney of Westchester County, White Plains (Katherine S. Spiess and Bruce Edward Kelly of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

Judgment of conviction unanimously reversed on the law and matter remanded to the court below for further proceedings on the original felony complaint.

Even though the defendant expressly consented to an oral reduction of the felony complaint, such a reduction was invalid

p. 282
and the defect nonwaivable (see, People v Jones, 151 Misc 2d 582 , 584, lv denied sub nom. People v Mayfield, 79 NY2d 921 ).

DiPaola, P. J., Collins and Ingrassia, JJ., concur.

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