Opinion
April 26, 1991
Appeal from the Supreme Court, Erie County, Wolfgang, J.
Present — Denman, J.P., Green, Balio, Lowery and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant's contention that the superior court information to which he pleaded guilty is defective because it charged "a greater offense than that charged in the felony complaint" lacks merit (see, People v. Menchetti, 76 N.Y.2d 473; cf., People v. Smith, 86 Misc.2d 1032). Since the "Constitution and statute require only that the information charge an offense for which the defendant was held for Grand Jury action" (People v. Menchetti, supra, at 475 [emphasis added]), we conclude that such an offense includes a greater offense than that charged in the underlying felony complaint. The superior court information, therefore, was not jurisdictionally defective and defendant effectively waived indictment.
Upon our review of the record and a consideration of the relevant factors, we conclude that the court did not abuse its discretion in denying defendant youthful offender treatment (see, People v. Ortega, 114 A.D.2d 912, lv denied 67 N.Y.2d 887), and we decline to exercise our discretion in the interest of justice to grant such relief. Finally, we find no basis for disturbing the sentence imposed.