Legal Opinion
People v. McElrath
Appellate Division of the Supreme Court of the State of New York
Decided July 3, 1997PublishedCited by 9 opinions
1Opinion of the Court
Judgment 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 action of a Grand Jury as required by CPL 195.10 (1) (a). From our review of the plea proceedings, we conclude that defendant was held for action of a Grand Jury and, thus, the matter was properly before County Court (see, People v Chad S., 237 AD2d 986; People v McCarthy, 186 AD2d 1067, lv denied 81 NY2d 843).
Defendant further contends that the court erred in ordering him to pay restitution without conducting a hearing…
2Cases cited5 opinions
- People v. ConsalvoNew York Court of Appeals · 1996
- People v. Chad S.Appellate Division of the Supreme Court of the State of New York · 1997
- People v. McCarthyAppellate Division of the Supreme Court of the State of New York · 1992
- People v. BurksAppellate Division of the Supreme Court of the State of New York · 1993
- People v. WilcoxAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by9 opinions
- People v. FarewellAppellate Division of the Supreme Court of the State of New York · 2011
- People v. LewisAppellate Division of the Supreme Court of the State of New York · 2014
- People v. LeeAppellate Division of the Supreme Court of the State of New York · 1997
- FAREWELL, JR., JUDD A., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2011
- LEWIS, JOEL A., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014
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