People v. Rossborough
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum: On appeal from a judgment convicting him upon a plea of guilty of forgery in the second degree (Penal Law § 170.10 [1]), defendant contends that the superior court information (SCI) and waiver of indictment were jurisdictionally defective because they contain discrepancies in the date and location of the crime charged therein. We reject that contention. Although defendant is correct that a “valid and sufficient accusatory instrument is a nonwaivable jurisdictional prerequisite to a criminal prosecution” (People v Harper, 37 NY2d 96, 99 [1975]), an accusatory instrument is…
2Cases cited11 opinions
- People v. IannoneNew York Court of Appeals · 1978
- People v. HarperNew York Court of Appeals · 1975
- People v. RussellAppellate Division of the Supreme Court of the State of New York · 2008
- People v. KeppleAppellate Division of the Supreme Court of the State of New York · 1983
- People v. NicholsAppellate Division of the Supreme Court of the State of New York · 2006
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3Cited by18 opinions
- People v. BarberAppellate Division of the Supreme Court of the State of New York · 2014
- People v. WalkerAppellate Division of the Supreme Court of the State of New York · 2017
- People v. TrathenAppellate Division of the Supreme Court of the State of New York · 2014
- People v. TurleyAppellate Division of the Supreme Court of the State of New York · 2015
- People v. HoytAppellate Division of the Supreme Court of the State of New York · 2020
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