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People v. Hughes

Appellate Division of the Supreme Court of New York, First Department
May 2, 1995
215 A.D.2d 101 (N.Y. App. Div. 1995)

Opinion

May 2, 1995

Appeal from the Supreme Court, New York County (Felice Shea, J.).


Following indictment in this case, defendant's waiver of indictment and plea to a count interposed by Superior Court Information, rather than Grand Jury action, contravenes the unequivocal direction of CPL 195.10 and must therefore be nullified (People v Boston, 75 N.Y.2d 585, 586-587). Thus, as the People concede, defendant's guilty plea herein must be set aside and his conviction vacated.

Concur — Murphy, P.J., Rosenberger, Rubin, Tom and Mazzarelli, JJ.


Summaries of

People v. Hughes

Appellate Division of the Supreme Court of New York, First Department
May 2, 1995
215 A.D.2d 101 (N.Y. App. Div. 1995)
Case details for

People v. Hughes

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD HUGHES…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 2, 1995

Citations

215 A.D.2d 101 (N.Y. App. Div. 1995)
625 N.Y.S.2d 909