PEOPLE v. METCALF

Appeal No. 13283. Case No. 2017-1806.

192 A.D.3d 460 (2021)

139 N.Y.S.3d 814

2021 NY Slip Op 01360

The People of the State of New York, Respondent, v. John Metcalf, Appellant.

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

Decided March 9, 2021.


Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Simon Greenberg of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Jonathan Cantarero of counsel), for respondent.

Concur—Gische, J.P., Singh, Moulton, González, JJ.


The superior court information was not rendered jurisdictionally defective by the fact that it included an offense that was not named in the waiver of indictment, but constituted a lesser included offense of a crime named in that document. In the analogous context of offenses not specifically charged in the felony complaint, the Court of Appeals has determined that a lesser included offense is the same offense as the corresponding greater offense (People v Pierce,...

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