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People v. Metcalf

Appellate Division of the Supreme Court of the State of New York
Mar 9, 2021
192 A.D.3d 460 (N.Y. App. Div. 2021)

Opinion

13283 SCI No. 1846/15 Case No. 2017-1806

03-09-2021

The PEOPLE of the State of New York, Respondent, v. John METCALF, Defendant–Appellant.

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.


Summaries of

People v. Metcalf

Appellate Division of the Supreme Court of the State of New York
Mar 9, 2021
192 A.D.3d 460 (N.Y. App. Div. 2021)
Case details for

People v. Metcalf

Case Details

Full title:The People of the State of New York, Respondent, v. John Metcalf…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Mar 9, 2021

Citations

192 A.D.3d 460 (N.Y. App. Div. 2021)
192 A.D.3d 460
2021 N.Y. Slip Op. 1360