PEOPLE v. FORD

Judgment unanimously reversed on the law, plea vacated and superior court information dismissed. Memorandum: Defendant waived indictment and entered a plea of guilty to a superior court information charging him with criminal possession of a controlled substance in the second degree, a class A-II felony, and criminal possession of a weapon in the third degree. The People concede that waiver of indictment is not authorized with respect to a class A felony (NY Const, art I, § 6; CPL 195.10 [b]; People v Altagracia, 149 A.D.2d 981). The plea must be vacated as to both counts and the information dismissed. Of course, the People may present the case to the Grand Jury (see, People v Sledge, 90 A.D.2d 588, 589).