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DIFFERENT OFFENSE DATES IN THE SUPERIOR COURT INFORMATION REQUIRED DISMISSAL.

The Fourth Department determined the superior court information (SCI) must be dismissed because it did not charge the same offenses which were charged in the written waiver of indictment (different dates):

Here, the felony complaint charged defendant with the commission of robbery in the first degree “on or about the 2nd day of 2011,” i.e., January 2, 2011. The written waiver of indictment, however, specified that defendant waived his right to indictment with respect to the commission of robbery in the first degree on February 2, 2012, and the SCI itself charged defendant with the commission of robbery in the first degree on February 2, 2011. Inasmuch as robbery is a single-act offense … , the January 2, 2011 robbery charged in the felony complaint was a ” different crime entirely’ ” from both the February 2, 2012 robbery set forth in the waiver of indictment and the February 2, 2011 robbery charged in the SCI … . Indeed, “the [dates] set forth in the [three] instruments,” i.e., the felony complaint, the waiver of indictment, and the SCI, “exclude any possibility that they were based on the same criminal conduct” … . The SCI therefore violates CPL 195.20 and must be dismissed as jurisdictionally defective … .

The SCI is also jurisdictionally defective inasmuch as it violates CPL 200.15, which provides in relevant part that a “superior court information . . . shall not include an offense not named in the written waiver of indictment.” That “express prohibition” was violated here … , inasmuch as the SCI included an offense, i.e., a robbery in the first degree committed on February 2, 2011 that was not set forth in the written waiver of indictment, which identified only a robbery in the first degree committed on February 2, 2012. People v Walker, 2017 NY Slip Op 02200, 4th Dept 3-24-17

 

CRIMINAL LAW (DIFFERENT OFFENSE DATES IN THE SUPERIOR COURT INFORMATION REQUIRED DISMISSAL)/SUPERIOR COURT INFORMATION (DIFFERENT OFFENSE DATES IN THE SUPERIOR COURT INFORMATION REQUIRED DISMISSAL)/INDICTMENT, WAIVER OF (DIFFERENT OFFENSE DATES IN THE SUPERIOR COURT INFORMATION REQUIRED DISMISSAL)

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