Legal Opinion

People v. Menchetti

New York Court of Appeals

Decided September 19, 1990PublishedCited by 63 opinions

1Opinion of the Court

OPINION OF THE COURT

Alexander, J.

This appeal requires us to consider the circumstances under which a criminal defendant may waive indictment consistent with the requirements of article I, § 6 of the State Constitution and article 195 of the Criminal Procedure Law. We conclude that because a defendant is held for the action of a Grand Jury on both the offense charged in the felony complaint as well as its lesser included offenses, a waiver of indictment by plea to a superior court information charging only a lesser included offense comports with the constitutional and statutory requirements…

2Cases cited12 opinions

  1. Patterson v. New YorkSupreme Court of the United States · 1977
  2. People v. GloverNew York Court of Appeals · 1982
  3. People v. PattersonNew York Court of Appeals · 1976
  4. People v. BostonNew York Court of Appeals · 1990
  5. People Ex Rel. Battista v. ChristianNew York Court of Appeals · 1928

7 more not listed; retrieve them via the Exa API.

3Cited by63 opinions

  1. People v. PierceNew York Court of Appeals · 2010
  2. People v. ZanghiNew York Court of Appeals · 1991
  3. People v. LuggAppellate Division of the Supreme Court of the State of New York · 2013
  4. People v. JacksonNew York Court of Appeals · 1996
  5. People v. TrueluckNew York Court of Appeals · 1996

58 more not listed; retrieve them via the Exa API.

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