PEOPLE v. BOSTON


75 N.Y.2d 585 (1990)

The People of the State of New York, Respondent, v. David Boston, Appellant.

Court of Appeals of the State of New York.

Decided April 26, 1990.


Attorney(s) appearing for the Case

Leslie Crary and Philip L. Weinstein for appellant.

Robert T. Johnson, District Attorney (Patrick McCormick, Peter D. Coddington and Billie Manning of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


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 unequivocal 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...

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