People v. Hughes

215 A.D.2d 101, 625 N.Y.S.2d 909, 1995 N.Y. App. Div. LEXIS 4665

Opinion

Judgment, Supreme Court, New York County (Felice Shea, J.), rendered January 2, 1992, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him to a term of 2 to 6 years, to run concurrently with a sentence imposed in an unrelated case, unanimously reversed, on the law, and the judgment vacated.

Following indictment in this case, defendant’s waiver of indictment and plea to a count interposed by Superior Court Information, rather than Grand Jury action, contravenes the unequivocal direction of CPL 195.10 and must therefore be nullified (People v Boston, 75 NY2d 585, 586-587). Thus, as the People concede, defendant’s guilty plea herein must be set aside and his conviction vacated. Concur—Murphy, P. J., Rosenberger, Rubin, Tom and Mazzarelli, JJ.