PEOPLE v. MCINTYRE (2023)

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

The PEOPLE of the State of New York, Respondent, v. Deshawn MCINTYRE, Defendant–Appellant.

508 Decided: June 22, 2023

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

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.

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 on a misdemeanor complaint, was not held for grand jury action (see People v. Zanghi, 79 N.Y.2d 815, 817, 580 N.Y.S.2d 179, 588 N.E.2d 77 [1991]). Defendant is therefore entitled to dismissal. We see no reason to remand the matter for further proceedings, as the People have suggested.

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