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SUPERIOR COURT INFORMATION WAS JURISDICTIONALLY DEFECTIVE BECAUSE IT DID NOT INCLUDE A CRIME CHARGED IN THE FELONY COMPLAINT OR A LESSER INCLUDED OFFENSE (FOURTH DEPT).

The Fourth Department, reversing defendant's conviction by guilty plea, determined that the superior court information was jurisdictionally defective:

A defendant may waive indictment and consent to be prosecuted by a superior court information (see CPL 195.20…). As relevant here, “[t]he offenses named [in a superior court information] may include any offense for which the defendant was held for action of a grand jury”… , i.e., “the same crime as [charged in] the felony complaint or a lesser included offense of that crime”… . Inasmuch as attempted kidnapping in the second degree is not a crime charged in the felony complaint or a lesser included offense, the superior court information is jurisdictionally defective. “That defect does not require preservation, and it survives defendant's waiver of the right to appeal and his guilty plea”… . People v Bennett, 2018 NY Slip Op 06663. Fourth Dept 10-5-18

CRIMINAL LAW (SUPERIOR COURT INFORMATION WAS JURISDICTIONALLY DEFECTIVE BECAUSE IT DID NOT INCLUDE A CRIME CHARGED IN THE FELONY COMPLAINT OR A LESSER INCLUDED OFFENSE (FOURTH DEPT))/SUPERIOR COURT INFORMATION (SUPERIOR COURT INFORMATION WAS JURISDICTIONALLY DEFECTIVE BECAUSE IT DID NOT INCLUDE A CRIME CHARGED IN THE FELONY COMPLAINT OR A LESSER INCLUDED OFFENSE (FOURTH DEPT))

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THERE IS NO MECHANISM IN THE CRIMINAL PROCEDURE LAW FOR A REPORTER’S MOTION... INSUFFICIENT EVIDENCE DEFENDANT AND VICTIM WERE STRANGERS, RISK ASSESSMENT REDUCED...