People v. Altagracia

Appellate Division of the Supreme Court of New York

People v. Altagracia

149 A.D.2d 981, 543 N.Y.S.2d 351, 1989 N.Y. App. Div. LEXIS 6062

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 14, 1989

StatusPublished

Cited by1 cases

This text of 149 A.D.2d 981 (People v. Altagracia) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Altagracia, 149 A.D.2d 981, 543 N.Y.S.2d 351, 1989 N.Y. App. Div. LEXIS 6062 (N.Y. Ct. App. 1989).

Pincite

Opinion

— Judgment unanimously reversed on the law, plea vacated and superior court information dismissed. Memorandum: Defendant was charged under a [982]*982superior court information with criminal possession of a controlled substance in the first degree (Penal Law §220.21), a class A-I felony. Defendant, with the People’s permission, waived indictment and pleaded guilty to criminal possession of a controlled substance in the second degree (Penal Law § 220.18), a class A-II felony. It is correctly asserted by defendant and conceded by the People that, because the crime charged was punishable by life imprisonment, defendant’s waiver of indictment was prohibited (see, NY Const, art I, § 6; CPL 195.10). The plea to the superior court information is, therefore, a nullity (see, People v Sledge, 90 AD2d 588). (Appeal from judgment of Cayuga County Court, Corning, J.— criminal possession of controlled substance.) Present—Dillon, P. J., Callahan, Balio, Lawton and Davis, JJ.

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— Judgment unanimously reversed on the law, plea vacated and superior court information dismissed. Memorandum: Defendant was charged under a [982]*982superior court information with criminal possession of a controlled substance in the first degree (Penal Law §220.21), a class A-I felony. Defendant, with the People’s permission, waived indictment and pleaded guilty to criminal possession of a controlled substance in the second degree (Penal Law § 220.18), a class A-II felony. It is correctly asserted by defendant and conceded by the People that, because the crime charged was punishable by life imprisonment, defendant’s waiver of indictment was prohibited (see, NY Const, art I, § 6; CPL 195.10). The plea to the superior court information is, therefore, a nullity (see, People v Sledge, 90 AD2d 588). (Appeal from judgment of Cayuga County Court, Corning, J.— criminal possession of controlled substance.) Present—Dillon, P. J., Callahan, Balio, Lawton and Davis, JJ.

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Bluebook (online)

149 A.D.2d 981, 543 N.Y.S.2d 351, 1989 N.Y. App. Div. LEXIS 6062, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-altagracia-nyappdiv-1989.

Opinion

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