PEOPLE v. RODRIGUEZ


122 Misc.2d 426 (1979)

The People of the State of New York, Respondent, v. Luz Rodriguez, Appellant.

Supreme Court, Appellate Term, First Department.

April 5, 1979


Attorney(s) appearing for the Case

William E. Hellerstein and Lynn W. L. Fahey for appellant. Mario Merola, District Attorney (Steven R. Kartagener and Kenneth R. Larywon of counsel), for respondent.

DUDLEY, P. J., HUGHES and TIERNEY, JJ., concur.


Per Curiam.

Youthful offender adjudication rendered June 6, 1978 reversed, on the law, and the complaint dismissed.

The People have conceded that the defendant was improperly tried on a misdemeanor complaint that was never appropriately converted to an information (CPL 180.50, subd 3, par [a], cl [iii]) nor rendered capable of serving as a prosecutorial vehicle by virtue of a knowing waiver of that right (People v Weinberg, 34...

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