PEOPLE v. SMITH (2026)

Judgment, Supreme Court, New York County (Juan Merchan, J.), rendered July 10, 2024, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree and robbery in the third degree, and sentencing him, as a second violent felony offender on the attempted robbery in the second degree count, and as a second felony offender on the robbery in the third degree count, to concurrent terms of five years and 2 to 4 years, respectively, unanimously affirmed.

Defendant's waivers of indictment were valid.  While the plea minutes contain no specific reference to written waivers, the record as a whole demonstrates that defendant signed them “in open court in the presence of his attorney” (CPL 195.20;  see People v. Thompson, 234 A.D.3d 418, 418–419, 222 N.Y.S.3d 467 [1st Dept 2025], lv denied 43 N.Y.3d 947, 231 N.Y.S.3d 418, 257 N.E.3d 113 [2025];  People v. Mora, 227 A.D.3d 553, 553, 209 N.Y.S.3d 422 [1st Dept 2024], lv denied 42 N.Y.3d 929, 216 N.Y.S.3d 123, 240 N.E.3d 842 [2024] ).

Defendant's argument that one of the waivers was defective because it charged an offense not included in the underlying felony complaint is based on an incomplete reading of that felony complaint.  In fact, the allegation in the waiver of indictment that defendant committed second-degree robbery on May 12, 2021, corresponded to a materially identical charge in the felony complaint (see People v. Pierce, 14 N.Y.3d 564, 571, 904 N.Y.S.2d 255, 930 N.E.2d 176 [2010] ).