PEOPLE v. ABREU

Ind. No. 1565/18. Appeal No. 12508. Case No. 2019-987.

189 A.D.3d 419 (2020)

136 N.Y.S.3d 19

2020 NY Slip Op 07146

The People of the State of New York, Respondent, v. Jose Frank Santos Abreu, Appellant.

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

Decided December 1, 2020.


Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Gilbert Zelaya of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Michael J. Yetter of counsel), for respondent.

Concur—Gische, J.P., Webber, Oing, Mendez, JJ.


Defendant challenges the validity of his waiver of indictment. First, he asserts that the record does not reflect that he executed the written waiver in open court. Second, he maintains that the waiver itself did not specify the approximate time that the charged offenses occurred. Third, he contends that the record does not indicate that the waiver was translated into Spanish for him by the interpreter or anyone else. Defendant's claims are without merit.

The record...

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