Legal Opinion
People v. Person
Appellate Division of the Supreme Court of the State of New York
Decided December 31, 1998PublishedCited by 4 opinions
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant contends that his waiver of indictment was ineffective because he had not been held for Grand Jury action at the time he executed the waiver (see, CPL 195.10 [1] [a]). The record does not support that contention. “Where, as here, the record of the plea proceedings indicates that the court was satisfied with the sufficiency of the waiver and that it executed an order to that effect (see, CPL 195.30), we may presume that the matter was properly before it” (People v McCarthy, 186 AD2d 1067, lv denied 81 NY2d 843; see, People v Chad S., 237…
2Cases cited8 opinions
- People v. LopezNew York Court of Appeals · 1988
- People v. VivenzioAppellate Division of the Supreme Court of the State of New York · 1984
- People v. Chad S.Appellate Division of the Supreme Court of the State of New York · 1997
- People v. WashingtonAppellate Division of the Supreme Court of the State of New York · 1988
- People v. HillAppellate Division of the Supreme Court of the State of New York · 1998
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 1999
- People v. SappAppellate Division of the Supreme Court of the State of New York · 2000
- ATKINSON, PAUL F., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013
- People v. PaulinAppellate Division of the Supreme Court of the State of New York · 2018