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 [1]).
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