PEOPLE v. FELIZ

1171, 5564/06.

66 A.D.3d 503 (2009)

887 N.Y.S.2d 48

2009 NY Slip Op 7330

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE FELIZ, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 15, 2009.


Defendant's waiver of indictment was invalid because he was charged with a class A felony, even though this class A felony is no longer punishable by life imprisonment, because the statute in effect at the time of defendant's conviction prohibited waiver of indictment for any class A felony. The fact that the Legislature subsequently amended the statute to allow waiver of indictment for class A felonies not involving life sentences does not permit a different result...

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