PEOPLE v. ALFANO


75 A.D.2d 584 (1980)

The People of the State of New York, Respondent, v. Anthony Alfano, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 7, 1980


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 waive prosecution by indictment of a (then) class A felony. He may not waive that right...

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