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PEOPLE v. SUTTON

99 A.D.2d 361 (1984)

The People of the State of New York, Respondent, v. Charles E. Sutton, Also Known as Charlie Clocks, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 5, 1984

Attorney(s) appearing for the Case

Block & Costa (Frederic Block of counsel; Joseph B. Gagliardo on the brief), for appellant.

Patrick Henry, District Attorney (Patricia Harrington of counsel), for respondent.

THOMPSON, NIEHOFF and RUBIN, JJ., concur.

GIBBONS, J. P.

This court has previously held that the submission to a jury of an alleged crime which is neither expressed in the accusatory instrument nor a lesser included offense to any charge in the accusatory instrument goes to the subject matter jurisdiction of the court, and an objection thereto may not be waived by the defendant (People ex rel. Gray v Tekben, 86 A.D.2d 176

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