12 N.Y.3d 566 (2009)
When a defendant waives indictment, offenses joined in the superior court information must be “the same or similar in law,” and the inclusion of a criminal possession of stolen property charge was not sufficiently similar to a grand larceny offense to be properly joined.
Summary
Defendant waived indictment and pleaded guilty to grand larceny and criminal possession of stolen property charges in a superior court information (SCI). The Court of Appeals reversed, holding that the criminal possession charge was improperly joined with the grand larceny charge because the two offenses were not sufficiently similar under Criminal Procedure Law (CPL) 200.20(2)(c). The Court emphasized that CPL 200.20(2)(c) is typically used when a defendant violates the same Penal Law provision on multiple occasions, or comparable criminal conduct in discrete incidents is alleged. This case underscores the importance of strict adherence to statutory requirements when utilizing waivers of indictment and the limits on joining offenses.
Facts
The defendant was charged with grand larceny in the fourth degree for allegedly stealing $1,100 from a victim’s bank account. He was also charged with criminal possession of stolen property in the fourth degree after being found in possession of a stolen vehicle. These incidents were unrelated and occurred weeks apart.
Procedural History
The defendant was arraigned on both sets of charges in Buffalo City Court and held for grand jury action on the felony offenses. The grand larceny charge was dismissed and a new superior court felony complaint was filed. The defendant waived indictment and agreed to be prosecuted by SCI, pleading guilty to both grand larceny and criminal possession of stolen property. The Appellate Division affirmed the conviction, but the Court of Appeals reversed, vacated the guilty plea, and dismissed the SCI.
Issue(s)
Whether the criminal possession of stolen property charge was properly joined with the grand larceny charge in the superior court information (SCI) under Criminal Procedure Law (CPL) 200.20(2)(c), which allows joinder of offenses that “are defined by the same or similar statutory provisions and consequently are the same or similar in law.”
Holding
No, because the criminal possession of stolen property charge was not sufficiently similar in law to the grand larceny offense to be properly joined in the SCI under CPL 200.20(2)(c).
Court’s Reasoning
The Court of Appeals reasoned that CPL 200.20(2)(c) is generally applied when a defendant has violated the same Penal Law provision multiple times or has engaged in comparable criminal conduct in separate incidents. The Court found that grand larceny and criminal possession of stolen property lacked the requisite similarity. While both involved misappropriated property, the crimes had different elements and the criminal conduct was distinct. The Court emphasized the importance of ensuring that offenses joined under CPL 200.20(2)(c) share commonality and comparable criminal conduct. "Offenses will not be deemed sufficiently similar to support joinder under CPL 200.20 (2) (c) if the offenses do not share any elements and the criminal conduct at the heart of each crime is not comparable." The improper inclusion of an offense in a waiver of indictment and SCI is a jurisdictional defect that requires reversal and dismissal. The Court distinguished this case from People v. Zanghi, 79 N.Y.2d 815 (1991), noting that in this case, the triggering offense (grand larceny) was included in the SCI. However, the joinder of the possession of stolen property offense was still impermissible because the two offenses were not sufficiently similar in law.