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PEOPLE v. MYERS

No. 78.

32 N.Y.3d 18 (2018)

109 N.E.3d 555

84 N.Y.S.3d 406

2018 NY Slip Op 04685

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN MYERS, Appellant.

Court of Appeals of New York.

Decided June 27, 2018.

Attorney(s) appearing for the Case

D.J. & J.A. Cirando, Esqs., Syracuse ( John A. Cirando , Bradley E. Keem and Elizabeth deV. Moeller of counsel), for appellant.

William J. Fitzpatrick , District Attorney, Syracuse ( Nicole K. Intschert and James P. Maxwell of counsel), for respondent.

Chief Judge DiFIORE and Judges STEIN, FAHEY and GARCIA concur; Judge RIVERA dissents in an opinion in which Judge FEINMAN concurs.

OPINION OF THE COURT

Until 1974, our State's Constitution guaranteed criminal defendants the unwaivable right to indictment by a grand jury. In 1974, the Constitution was amended to provide that defendants could waive that right by signing a written instrument in open court in the presence...

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