People v. Robbins

Appellate Division of the Supreme Court of New York

People v. Robbins

283 A.D.2d 152, 724 N.Y.S.2d 581, 2001 N.Y. App. Div. LEXIS 4256

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

DecidedMay 1, 2001

StatusPublished

Cited by2 cases

This text of 283 A.D.2d 152 (People v. Robbins) 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. Robbins, 283 A.D.2d 152, 724 N.Y.S.2d 581, 2001 N.Y. App. Div. LEXIS 4256 (N.Y. Ct. App. 2001).

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Opinion

—Judgment, Supreme Court, New York County (Micki Scherer, J.), rendered January 5, 2000, convicting defendant, upon his plea of guilty, of burglary in the third degree, and sentencing him, as a second felony offender, to a term of 2V2 to 5 years, unanimously reversed, on the law, the guilty plea vacated, the waiver of indictment vacated, the superior court information dismissed and the indictment reinstated.

As the People correctly concede, defendant’s waiver of indictment and consent to be prosecuted by superior court information was invalid under CPL 195.10 (2) (b) since defendant had already been indicted with respect to the same incident (see, People v Boston, 75 NY2d 585; cf., People v D’Amico, 76 NY2d 877). Concur — Sullivan, P. J., Mazzarelli, Ellerin, Lerner and Buckley, JJ.

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—Judgment, Supreme Court, New York County (Micki Scherer, J.), rendered January 5, 2000, convicting defendant, upon his plea of guilty, of burglary in the third degree, and sentencing him, as a second felony offender, to a term of 2V2 to 5 years, unanimously reversed, on the law, the guilty plea vacated, the waiver of indictment vacated, the superior court information dismissed and the indictment reinstated.

As the People correctly concede, defendant’s waiver of indictment and consent to be prosecuted by superior court information was invalid under CPL 195.10 (2) (b) since defendant had already been indicted with respect to the same incident (see, People v Boston, 75 NY2d 585; cf., People v D’Amico, 76 NY2d 877). Concur — Sullivan, P. J., Mazzarelli, Ellerin, Lerner and Buckley, JJ.

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Bluebook (online)

283 A.D.2d 152, 724 N.Y.S.2d 581, 2001 N.Y. App. Div. LEXIS 4256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-robbins-nyappdiv-2001.

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