The People of the State of New York v. Mariano A. Zanghi

Summary

The Court held that a waiver of indictment may not be used to prosecute a defendant on an information charging a greater offense than the one for which the defendant was held for Grand Jury action, and that this jurisdictional defect is reviewable despite the defendant’s lack of objection and his guilty plea. Accordingly, the Appellate Division order was reversed, the guilty plea vacated, the information dismissed, and the case remitted for further proceedings.