Opinion
13283 SCI No. 1846/15 Case No. 2017-1806
03-09-2021
Janet E. Sabel, The Legal Aid Society, New York (Simon Greenberg of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Jonathan Cantarero of counsel), for respondent.
Janet E. Sabel, The Legal Aid Society, New York (Simon Greenberg of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Jonathan Cantarero of counsel), for respondent.
Gische, J.P., Singh, Moulton, Gonza´lez, JJ.
Judgment, Supreme Court, New York County (Larry R.C. Stephen, J.), rendered April 27, 2016, convicting defendant, upon his plea of guilty, of criminal possession of a forged instrument in the second and third degrees, and sentencing him to a conditional discharge for a period of three years, unanimously affirmed.
The superior court information was not rendered jurisdictionally defective by the fact that it included an offense that was not named in the waiver of indictment, but constituted a lesser included offense of a crime named in that document. In the analogous context of offenses not specifically charged in the felony complaint, the Court of Appeals has determined that a lesser included offense is the same offense as the corresponding greater offense ( People v. Pierce, 14 N.Y.3d 564, 568, 904 N.Y.S.2d 255, 930 N.E.2d 176 [2010] ; People v. Menchetti, 76 N.Y.2d 473, 475–77, 560 N.Y.S.2d 760, 561 N.E.2d 536 [1990] ). Accordingly, we see no reason to find a jurisdictional defect in the present context.