People v. Menchetti, 76 N.Y.2d 473 (1990)
A defendant held for grand jury action on an offense may waive indictment and plead to a superior court information charging a lesser included offense of the original charge.
Summary
Menchetti was charged with third-degree criminal possession of a weapon. He waived indictment and pleaded guilty to fourth-degree criminal possession of a weapon via a superior court information. The Appellate Division reversed, finding the information jurisdictionally defective because it charged a different offense than the felony complaint. The New York Court of Appeals reversed, holding that a waiver of indictment is valid even if the superior court information charges a lesser included offense, as a defendant held for grand jury action is held for all lesser included offenses as well.
Facts
Defendant fired a gun during an altercation on a public street.
He was charged via felony complaint with third-degree criminal possession of a weapon.
At arraignment, defendant waived a felony hearing and was held for grand jury action.
Pursuant to plea negotiations, defendant waived indictment and agreed to be prosecuted via superior court information charging fourth-degree criminal possession of a weapon.
Defendant pleaded guilty to the fourth-degree charge and was sentenced.
Procedural History
The Supreme Court accepted the waiver and guilty plea.
The Appellate Division reversed and dismissed the superior court information, holding that it was jurisdictionally defective because the information charged a different offense than the felony complaint.
The Court of Appeals granted the People leave to appeal.
Issue(s)
Whether a defendant’s waiver of indictment is effective when the superior court information charges a lesser included offense of the offense charged in the felony complaint.
Whether fourth-degree criminal possession of a weapon is a lesser included offense of third-degree criminal possession of a weapon.
Holding
Yes, because a defendant held for grand jury action on an offense is also held for grand jury action on all lesser included offenses. The waiver extends to those lesser included offenses.
Yes, because it is impossible to commit third-degree criminal possession of a weapon without also committing fourth-degree criminal possession of a weapon.
Court’s Reasoning
The Court of Appeals reasoned that Article I, § 6 of the New York Constitution and CPL 195.20 permit a waiver of indictment when the information charges any offense for which the defendant was held for grand jury action. Since a defendant is held for grand jury action on lesser included offenses as well as the greater offense charged in the felony complaint, the waiver is valid.
The court cited CPL 190.65, 210.20(1)(b), and 210.30(1) to support the premise that a defendant held for grand jury action on a greater offense is also held for any lesser included offenses.
The court further held that fourth-degree criminal possession of a weapon is a lesser included offense of third-degree criminal possession of a weapon under the test articulated in People v. Glover, 57 N.Y.2d 61 (1982): it is impossible to commit the greater offense (third-degree possession) without also committing the lesser offense (fourth-degree possession).
The Court rejected the argument that permitting waiver by plea to a lesser included offense might circumvent plea-bargaining restrictions in CPL 220.10, because in this case, the plea did not violate those restrictions.
The court emphasized the purpose of the constitutional amendment and implementing statute: “to allow a defendant who wishes to go directly to trial without waiting for a grand jury to hand up an indictment to do so”.
The court quoted CPL 195.20, which states that the offenses named in the waiver “may include any offense for which the defendant was held for action of a grand jury”.
Significantly, the court noted that “an infringement upon the right to prosecution by indictment is jurisdictional and cannot be waived by guilty plea”.