Opinion
July 14, 1992
Appeal from the Niagara County Court, Hannigan, J.
Present — Denman, P.J., Boomer, Pine, Balio and Fallon, JJ.
Adjudication unanimously affirmed. Memorandum: By his plea of guilty, defendant waived any nonjurisdictional defects in the previous proceedings (see, People v. Fernandez, 67 N.Y.2d 686, 688; People v. Prescott, 66 N.Y.2d 216, 220, cert denied 475 U.S. 1150). A District Attorney has the authority to seek an indictment from a Grand Jury and, thus, a Grand Jury has jurisdiction to indict regardless of whether a superior court information has previously been filed (see, CPL 195.20, 200.80 Crim. Proc.). Defendant, therefore, has forfeited his right to review of any error committed by the court in refusing to sign the approval of defendant's waiver of his right to submit the case to the Grand Jury and of his consent to proceed by way of a superior court information.