PEOPLE v. WRIGHT


138 A.D.2d 976 (1988)

The People of the State of New York, Respondent, v. Michael Wright, Appellant

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

March 4, 1988


Judgment unanimously reversed on the law and information dismissed.

Memorandum:

A defendant may not waive indictment by a Grand Jury and consent to be prosecuted by a superior court information unless a local criminal court has held the defendant for the action of a Grand Jury (NY Const, art I, § 6; CPL 195.10). Here County Court lacks jurisdiction to proceed on the superior court information even though defendant waived indictment and consented to be...

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