Legal Opinion

People v. Catnott

Appellate Division of the Supreme Court of the State of New York

Decided February 2, 2012PublishedCited by 6 opinions

1Opinion of the CourtRose, J.

*978We find merit to defendant’s argument that his waiver of indictment was not valid. While the record does reflect that defendant executed the written waiver of indictment on September 15, 2010, it is also clear from the record that he did not do so in open court on that date. The People argue in response that the written waiver was misdated, and that it was actually executed in open court on September 17, 2010. Nothing in the transcript of defendant’s appearance on that date, however, supports the People’s contention. Thus, the record does not reflect that defendant’s written waiver complies…

2Cases cited4 opinions

  1. People v. DavisAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. SabinAppellate Division of the Supreme Court of the State of New York · 2010
  3. People v. DonnellyAppellate Division of the Supreme Court of the State of New York · 2005
  4. People v. WicksAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by6 opinions

  1. People v. SimmonsAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. BerryAppellate Division of the Supreme Court of the State of New York · 2023
  3. People v. RickmanAppellate Division of the Supreme Court of the State of New York · 2022
  4. People v. CamlinAppellate Division of the Supreme Court of the State of New York · 2023
  5. People v. Colon-ColonAppellate Division of the Supreme Court of the State of New York · 2019

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