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PEOPLE v. LOPEZ

4 N.Y.3d 686 (2005)

831 N.E.2d 413

798 N.Y.S.2d 356

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAUL LOPEZ, Appellant.

Court of Appeals of the State of New York.

Decided June 16, 2005.

Attorney(s) appearing for the Case

Office of the Appellate Defender, New York City (Melissa Rothstein, Richard M. Greenberg and Rosemary Herbert of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (T. Charles Won, Joseph N. Ferdenzi and Peter D. Coddington of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

ROSENBLATT, J.

Defendant challenges his waiver of indictment and guilty plea to a superior court information (SCI). He claims, in essence, that his waiver was illegal solely because he entered it after the court had dismissed a defective indictment against him covering the same charges without granting the People leave to re-present. We disagree.

Police arrested defendant and Evelyn...

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