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PEOPLE v. FREEMAN

3765, 4489/12.

149 A.D.3d 555 (2017)

2017 NY Slip Op 02948

52 N.Y.S.3d 340

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRIAN M. FREEMAN, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 18, 2017.

Defendant's guilty plea to a misdemeanor charge not included in the misdemeanor indictment was not jurisdictionally defective. The constitutional restriction preventing the State from indicting a defendant on one felony and then accepting a plea to a different felony with no common factual or legal basis is inapplicable here, as defendant was charged with, and pleaded guilty to, misdemeanors (see People v Keizer,

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