Opinion
March 14, 1997.
Adjudication unanimously affirmed.
Present — Pine, J.P., Lawton, Callahan, Doerr and Fallon, JJ.
Defendant contends that his waiver of indictment was ineffective because, at the time he waived indictment, he had not been held for the action of a Grand Jury as required by CPL 195.10 (1) (a). Contrary to defendant's contention, the record fails to establish that defendant did not waive a preliminary hearing, that a hearing was not held, or that the charges were still pending in City Court ( see, CPL 180.30; 180.50 [4]; 180.70 [1]; cf., People v Planty, 216 AD2d 895). Because the record of the plea proceeding establishes that the Superior Court was satisfied with the waiver and executed an order to that effect ( see, CPL 195.30), we may presume that the matter was properly before that court ( see, People v McCarthy, 186 AD2d 1067, lv denied 81 NY2d 843).
"We further conclude that the sentence is not unduly harsh or severe. (Appeal from Adjudication of Supreme Court, Monroe County, Affronti, J. — Youthful Offender.)