Legal Opinion

People v. Klahn

New York County Courts

Decided January 21, 2009Published

1Opinion of the Court

OPINION OF THE COURT

Larry M. Himelein, J.

*519Is a defendant denied his statutory right to notice of a grand jury proceeding when the local court forwards the papers to County Court without a preliminary hearing being held or waived, and the defendant is thereafter indicted without receiving a grand jury notice?

On May 14, 2008, defendant was arraigned in the Town of Ashford on charges of burglary and petit larceny. He was released on his own recognizance and the case was adjourned to June 19, 2008, for an appearance with the public defender. On May 30, 2008, the assistant district attorney wrote…

2Cases cited5 opinions

  1. People v. EvansNew York Court of Appeals · 1992
  2. People v. SmithNew York Court of Appeals · 1996
  3. People v. LaBountyAppellate Division of the Supreme Court of the State of New York · 1987
  4. People v. YagunoffAppellate Division of the Supreme Court of the State of New York · 1999
  5. People v. WalkerAppellate Division of the Supreme Court of the State of New York · 2005

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