Legal Opinion

People v. Black

Appellate Division of the Supreme Court of the State of New York

Decided July 14, 1992PublishedCited by 2 opinions

1Opinion of the Court

Adjudication unanimously affirmed. Memorandum: By his plea of guilty, defendant waived any nonjurisdictional defects in the previous proceedings (see, People v Fernandez, 67 NY2d 686, 688; People v Prescott, 66 NY2d 216, 220, cert denied 475 US 1150). A District Attorney has the authority to seek an indictment from a Grand Jury and, thus, a Grand Jury has jurisdiction to indict regardless of whether a superior court information has previously been filed (see, CPL 195.20, 200.80). Defendant, therefore, has forfeited his right to review of any error committed by the court in refusing to sign…

2Cases cited2 opinions

  1. People v. FernandezNew York Court of Appeals · 1986
  2. People v. PrescottNew York Court of Appeals · 1985

3Cited by2 opinions

  1. People v. LearyAppellate Division of the Supreme Court of the State of New York · 2010
  2. People v. DuffusAppellate Division of the Supreme Court of the State of New York · 1995

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