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PEOPLE v. PIERCE

No. 27

14 N.Y.3d 564 (2010)

930 N.E.2d 176

904 N.Y.S.2d 255

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCELLUS PIERCE, Appellant.

Court of Appeals of New York.

Decided February 16, 2010.

Attorney(s) appearing for the Case

Legal Aid Bureau of Buffalo, Inc., Buffalo ( Timothy P. Murphy, David C. Schopp and Barbara J. Davies of counsel), for appellant.

Frank A. Sedita, III , District Attorney, Buffalo ( Michael J. Hillery and Donna A. Milling of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

GRAFFEO, J.

Defendant waived indictment and pleaded guilty to a superior court information (SCI) charging him with two offenses: grand larceny in the fourth degree, an offense for which he had been held for action by the grand jury in a superior court felony complaint; and criminal possession of stolen property in the third degree, a charge included on the theory that it was joinable with the grand larceny offense under Criminal Procedure...

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