People v. Alfano

Appeal by defendant from a judgment of the County Court, Orange County, rendered May 3, 1979, convicting him of criminal sale of a controlled substance in the third degree, upon a plea of guilty, and imposing sentence. Judgment affirmed. Defendant contends that, inasmuch as he waived his right to be prosecuted by indictment and pleaded guilty to a superior court information charging him with criminal sale of a controlled substance in the third degree, the subsequent indictment, count one of which alleges the same crime, placed him in double jeopardy. Defendant has misapprehended his right to…