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PEOPLE v. AQUINO

2017-13235.

191 A.D.3d 895 (2021)

138 N.Y.S.3d 376

2021 NY Slip Op 01058

The People of the State of New York, Respondent, v. Melvin Aquino, Appellant.

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

Decided February 17, 2021.

Attorney(s) appearing for the Case

Janet E. Sabel , New York, NY ( Antonio Villaamil of counsel), for appellant.

Melinda Katz , District Attorney, Kew Gardens, NY ( Johnnette Traill and Christopher J. Blira-Koessler of counsel; Justin Peralta on the brief), for respondent.

Mastro, A.P.J., Hinds-Radix, Brathwaite Nelson and Christopher, JJ., concur.

Ordered that the judgment is affirmed.

The defendant waived his right to be prosecuted by indictment and agreed to be prosecuted under a superior court information (hereinafter SCI) charging him with attempted burglary in the second degree and petit larceny. The defendant was convicted on both counts, upon his plea of guilty, and now appeals.

The defendant's contention that the written waiver of indictment failed...

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