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PEOPLE v. McINTYRE

178 A.D.2d 559 (1991)

The People of the State of New York, Respondent, v. William McIntyre, Appellant

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

December 16, 1991

Ordered that the judgment is affirmed.

The defendant contends that he was improperly adjudicated a second felony offender because his previous conviction, in 1985, was based on an invalid waiver of indictment. The defendant asserts that the evidence elicited at his second felony offender hearing established that a written waiver of indictment by a Grand Jury was not signed in "open court" (see, NY Const, art I, ...

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