Legal Opinion
People v. Chad S.
Appellate Division of the Supreme Court of the State of New York
Decided March 14, 1997PublishedCited by 16 opinions
1Opinion of the Court
Adjudication unanimously affirmed. Memorandum: Defendant contends that his waiver of indictment was ineffective because, at the time he waived indictment, he had not been held for the action of a Grand Jury as required by CPL 195.10 (1) (a). Contrary to defendant’s contention, the record fails to establish that defendant did not waive a preliminary hearing, that a hearing was not held, or that the charges were still pending in City Court (see, CPL 180.30 [1]; 180.50 [4]; 180.70 [1]; cf, People v Planty, 216 AD2d 895). Because the record of the plea proceeding establishes that the Superior…
2Cases cited2 opinions
- People v. McCarthyAppellate Division of the Supreme Court of the State of New York · 1992
- People v. PlantyAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by16 opinions
- People v. BarberAppellate Division of the Supreme Court of the State of New York · 2001
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 1999
- People v. DavenportAppellate Division of the Supreme Court of the State of New York · 2013
- People v. DennisAppellate Division of the Supreme Court of the State of New York · 2009
- People v. HeinigAppellate Division of the Supreme Court of the State of New York · 2005
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