People v. Boston

OPINION OF THE COURT

Kaye, J.

After indictment, a defendant’s waiver of indictment and plea to a count interposed by Superior Court Information (SCI), rather than Grand Jury action, contravenes the un*587equivocal direction of CPL 195.10 and must therefore be nullified.

On March 7, 1986, a Bronx County Grand Jury indicted defendant, then 15 years old, for attempted murder in the second degree under an intentional murder theory (Penal Law § 125.25 [1]), two counts of assault in the first degree, and criminal possession of a weapon in the fourth degree. The indictment arose out of an incident in which…