Judgment unanimously reversed on the law, plea and waiver of indictment vacated and matter remitted to Niagara County Court for further proceedings in accordance with the following Memorandum: Defendant was arraigned on a felony complaint charging him with attempted murder in the first degree, a class A-I felony, and was held for Grand Jury action on that charge. Defendant waived indictment and pleaded guilty to a superior court information charging reckless endangerment in the first degree (Penal Law § 120.25) and driving while ability impaired (Vehicle and Traffic Law § 1192).
Defendant, in his pro se supplemental brief, correctly observes that a person charged by felony complaint with the commission of a class A felony and held for Grand Jury action on that complaint cannot waive his right to prosecution by Grand Jury indictment (see, CPL 195.10 [b]; People v Marty, 150 A.D.2d 171, 172; People v. Sledge, 90 A.D.2d 588, lv denied 58 N.Y.2d 977). Thus, the judgment is reversed, the plea and waiver of indictment are vacated and the matter is remitted for further proceedings not inconsistent with this Memorandum.