Opinion
January 11, 1994
Appeal from the Supreme Court, Bronx County (Max Sayah, J.).
The initial complaint charged defendant with rape in the third degree (a class E felony), sodomy in the third degree (a class E felony), sexual misconduct (a class A misdemeanor), and endangering the welfare of a child (a class A misdemeanor). At the plea, defendant agreed to waive prosecution by indictment and plead guilty to one count of sexual abuse in the first degree, a class D violent felony. As the People concede, because the information to which defendant pleaded guilty contained only an offense greater than those charged in the original felony complaint and not presented to the Grand Jury, the plea must be vacated and the information dismissed (People v. Zanghi, 79 N.Y.2d 815), and the matter remanded to Supreme Court for further proceedings on the felony complaint.
Concur — Carro, J.P., Ellerin, Kupferman and Ross, JJ.