PEOPLE v. CICIO

5567, 1751/15.

157 A.D.3d 651 (2018)

67 N.Y.S.3d 468

2018 NY Slip Op 00532

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRY CICIO, Appellant.

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

Decided January 30, 2018.


The record sufficiently establishes that defendant's waiver of indictment and prosecution by superior court information satisfied the requirement that a "criminal court has held the defendant for the action of a grand jury" (CPL 195.10). The record demonstrates that upon defendant's waiver of the case to the grand jury (see CPL 180.30 [1]), the court, sitting as a hybrid part, transferred the case from its Criminal Court capacity to its Supreme Court capacity, thereby...

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