PEOPLE v. McINTYRE

SCI. No. 70943/21. Appeal No. 508. Case No. 2022-00307.

217 A.D.3d 582 (2023)

191 N.Y.S.3d 400

2023 NY Slip Op 03413

The People of the State of New York, Respondent, v. Deshawn McIntyre, Appellant.

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

Decided June 22, 2023.


Attorney(s) appearing for the Case

Mark W. Zeno , Center for Appellate Litigation, New York ( Frances C. Weil of counsel), for appellant.

Alvin L. Bragg, Jr. , District Attorney, New York ( Michael D. Tarbutton of counsel), for respondent.

Concur—Renwick, P.J., Kennedy, Scarpulla, Shulman, Higgitt, JJ.


Judgment, Supreme Court, New York County (Laura A. Ward, J.), rendered January 18, 2022, convicting defendant, upon her plea of guilty, of assault in the third degree as a hate crime, and sentencing her to a term of six months and three years' probation, unanimously reversed, on the law, and the superior court information dismissed. As the People concede, defendant's waiver of indictment and subsequent SCI were jurisdictionally defective, because defendant, who was arraigned...

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