As the People correctly concede, the waiver of indictment and the plea of guilty to the attempted third-degree sale count must be vacated as jurisdictionally defective, since the plea was entered to a crime that was of a higher degree than the crime charged in the superior court information, rather than being a lesser included offense (see, People v Johnson,
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PEOPLE v. JIMINEZ
257 A.D.2d 472 (1999)
682 N.Y.S.2d 845
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EVELYN JIMINEZ, Also Known as EVELY GIVENS, Also Known as NANCY RODRIGUEZ, Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided January 19, 1999.
Decided January 19, 1999.
Appellate Division of the Supreme Court of the State of New York, First Department.
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