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PEOPLE v. GRUNE

Supreme Court, Appellate Term Second Department.
Nov 3, 1997

MEMORANDUM

Judgment of conviction unanimously reversed on the law and matter remanded to the court below for further proceedings on the original felony complaint.

Even though the defendant expressly consented to an oral reduction of the felony complaint, such a reduction was invalid and the defect nonwaivable ( see, People v. Jones, 151 Misc.2d 582, 584, lv. denied sub nom. People v. Mayfield, 79 N.Y.2d 921).

DiPAOLA, P.J., COLLINS and INGRASSIA, JJ., concur.