PEOPLE v. GRUNE (1997)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Jeffrey GRUNE, Appellant.

Decided: November 03, 1997

Before DiPAOLA, P.J., and COLLINS and INGRASSIA, JJ.

Luis A. Medina, Hawthorne, for appellant. Jeanine Ferris Pirro, District Attorney of Westchester County, White Plains (Katherine S. Spiess and Bruce Edward Kelly, of counsel), for respondent.

Judgment of conviction unanimously reversed on the law and matter remanded to the court below for further proceedings on the original felony complaint.

Even though the defendant expressly consented to an oral reduction of the felony complaint, such a reduction was invalid and the defect nonwaivable (see, People v. Jones, 151 Misc.2d 582, 584, 582 N.Y.S.2d 325, lv. denied, sub nom., People v. Mayfield, 79 N.Y.2d 921, 582 N.Y.S.2d 81, 590 N.E.2d 1209).

MEMORANDUM.

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