Opinion
2018-13685
01-08-2020
The PEOPLE, etc., respondent, v. Jaime LOPEZ, appellant. (S.C.I. No. 18-00039)
Clare J. Degnan, White Plains, N.Y. (David B. Weisfuse of counsel), for appellant. Anthony A. Scarpino, Jr., White Plains, N.Y. (Steven A. Bender and William C. Milaccio, Kew Gardens, of counsel), for respondent.
Clare J. Degnan, White Plains, N.Y. (David B. Weisfuse of counsel), for appellant.
Anthony A. Scarpino, Jr., White Plains, N.Y. (Steven A. Bender and William C. Milaccio, Kew Gardens, of counsel), for respondent.
LEONARD B. AUSTIN, J.P., COLLEEN D. DUFFY, VALERIE BRATHWAITE NELSON, LINDA CHRISTOPHER, JJ.
DECISION & ORDER ORDERED that the judgment is affirmed.
The defendant was charged in a felony complaint with two counts of criminal possession of a controlled substance in the third degree. Thereafter, pursuant to CPL 195.10, the defendant agreed to waive his right to be prosecuted by indictment by a grand jury, and consented to be prosecuted by a superior court information to be filed by the District Attorney (see N.Y. Const, art I, § 6 ). The defendant executed a written waiver in accordance with CPL 195.20, which waiver specifically named attempted criminal possession of a controlled substance in the fourth degree as the crime which would be charged in the superior court information. The District Attorney filed a superior court information charging the defendant with attempted criminal possession of a controlled substance in the fourth degree. The defendant pleaded guilty to that crime, and sentence was imposed. On appeal, the defendant does not challenge the sufficiency or voluntariness of the plea allocution, nor does he challenge the adequacy of the superior court information or his waiver of the right to indictment. Rather, he seeks dismissal of the superior court information on the ground that the underlying felony complaint was defective because it was unverified and facially insufficient. The defendant was convicted upon his plea of guilty to a valid superior court information, which superseded the felony complaint (see People v. Webb, 111 A.D.3d 968, 975 N.Y.S.2d 696 ; People v. Jackson, 286 A.D.2d 912, 731 N.Y.S.2d 124 ; People v. Black, 270 A.D.2d 563, 564–565, 705 N.Y.S.2d 696 ; see also CPL 200.15 ; People v. D'Amico, 76 N.Y.2d 877, 880, 561 N.Y.S.2d 411, 562 N.E.2d 488 ). Consequently, his contention that the felony complaint was defective has been rendered academic (see People v. Webb, 111 A.D.3d 968, 975 N.Y.S.2d 696 ).
AUSTIN, J.P., DUFFY, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.