People v. Boston

Appellate Division of the Supreme Court of New York

People v. Boston

223 A.D.2d 550, 636 N.Y.S.2d 1012, 1996 N.Y. App. Div. LEXIS 175

Appellate Division of the Supreme Court of the State of New York·Decided January 8, 1996·Published

Opinion

Appeal by the defendant from a judgment of the County Court, Westchester County (Murphy, J.), rendered March 2, 1995, convicting him of criminal sale of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is reversed, on the law, the defendant’s plea is vacated, and the Superior Court Information is dismissed.

As the People correctly concede, the defendant’s waiver of indictment failed to comply with CPL 195.20. Accordingly, the defendant’s judgment of conviction is reversed, his plea is vacated, and the Superior Court Information is dismissed. Bracken, J. P., O’Brien, Ritter, Friedmann and Goldstein, JJ., concur.

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Appeal by the defendant from a judgment of the County Court, Westchester County (Murphy, J.), rendered March 2, 1995, convicting him of criminal sale of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is reversed, on the law, the defendant’s plea is vacated, and the Superior Court Information is dismissed.

As the People correctly concede, the defendant’s waiver of indictment failed to comply with CPL 195.20. Accordingly, the defendant’s judgment of conviction is reversed, his plea is vacated, and the Superior Court Information is dismissed. Bracken, J. P., O’Brien, Ritter, Friedmann and Goldstein, JJ., concur.

People v. Boston, 223 A.D.2d 550, 636 N.Y.S.2d 1012, 1996 N.Y. App. Div. LEXIS 175 (N.Y. Ct. App. 1996).

Pincite

223 A.D.2d 550 (People v. Boston) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.