Opinion
May 2, 1995
Appeal from the Supreme Court, New York County (Felice Shea, J.).
Following indictment in this case, defendant's waiver of indictment and plea to a count interposed by Superior Court Information, rather than Grand Jury action, contravenes the unequivocal direction of CPL 195.10 and must therefore be nullified (People v Boston, 75 N.Y.2d 585, 586-587). Thus, as the People concede, defendant's guilty plea herein must be set aside and his conviction vacated.
Concur — Murphy, P.J., Rosenberger, Rubin, Tom and Mazzarelli, JJ.