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PEOPLE v. RAMOS

No 12679. Case No. 2019-1447.

189 A.D.3d 586 (2020)

134 N.Y.S.3d 182

2020 NY Slip Op 07678

The People of the State of New York, Respondent, v. Gabriel Ramos, Appellant.

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

Decided December 17, 2020.

Attorney(s) appearing for the Case

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

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

Concur—Manzanet-Daniels, J.P., Gesmer, Kern, Oing, Moulton, JJ.

Defendant's waiver of indictment and prosecution by superior court information was not jurisdictionally defective, where the entire waiver colloquy took place in open court, even if the record is ambiguous whether defendant signed the waiver document just before the plea proceeding or during it (see People v Moore, 137 A.D.3d 704 [1st Dept 2016], lv denied 27 N.Y.3d 1136 [2016]). The written...

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