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PEOPLE v. THIAM

No. 74.

34 N.Y.3d 1040 (2019)

139 N.E.3d 366

115 N.Y.S.3d 745

2019 NY Slip Op 07712

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. MOUHAMED THIAM, Respondent.

Court of Appeals of New York.

Decided October 29, 2019.

Attorney(s) appearing for the Case

Cyrus R. Vance, Jr. , District Attorney, New York City ( Katherine Kulkarni , Yan Slavinskiy and Alan Gadlin of counsel), for appellant.

Janet E. Sabel , Legal Aid Society, New York City ( Will A. Page of counsel), for respondent.

The Bronx Defenders, Bronx ( Ilona Coleman , Sabrina Lee , Jeremy Bennie , Saul Zipkin and Defne Ozgediz of counsel), New York County Defender Services, New York City ( Sergio De La Pava of counsel), and Brooklyn Defender Services, Brooklyn ( Susannah Karlsson of counsel), for The Bronx Defenders and others, amici curiae.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Term should be affirmed.

Even if the accusatory instrument properly sets out a lower-grade offense, a defendant's challenge to a conviction based on the jurisdictional deficiency of a higher-grade crime of a multi-count complaint is not waived by the defendant's guilty plea. The Appellate Term properly reversed the judgment of conviction and...

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