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PEOPLE v. MAGLIONE

Appeal No. 14737. Case No. 2019-1198.

200 A.D.3d 434 (2021)

154 N.Y.S.3d 764

2021 NY Slip Op 06775

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

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

Decided December 2, 2021.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Naila S. Siddiqui of counsel), for appellant.

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

Concur—Webber, J.P., Friedman, Oing, Shulman, Pitt, JJ.

As the People concede, defendant's waiver of indictment and subsequent SCI were jurisdictionally defective, because the charged crime of attempted robbery in the third degree in the SCI was not named in the misdemeanor complaint and was a greater offense than those charged therein (see CPL 195.20; People v Pierce, 14 N.Y.3d 564 [2010]; People v Zanghi, 79...

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