Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
12 New York opinions name it 1 courts 1996–2026 5 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
People v. Barbergreen2 sentences2021"Being so 'held' for the action of a [g]rand [j]ury involves the filing of a felony complaint on which defendant has been arraigned and a finding after a preliminary hearing (unless waived by defendant) that reasonable cause exists to believe that defendant committed a felony" ( People v Barber , 280 AD2d 691, 692 [3d Dept 2001], lv denied 96 NY2d 825 [2001]; see People v D'Amico , 76 NY2d 877, 879 [1990]). 2021"Being so 'held' for the action of a [g]rand [j]ury involves the filing of a felony complaint on which defendant has been arraigned and a finding after a preliminary hearing (unless waived by defendant) that reasonable cause exists to believe that defendant committed a felony" ( People v Barber , 280 AD2d 691, 692 [3d Dept 2001], lv denied 96 NY2d 825 [2001]; see People v D'Amico , 76 NY2d 877, 879 [1990]). | 7 | 7 |
People v. D'Amicogreen2 sentences2026"Being so held for the action of a [g]rand [j]ury involves the filing of a felony complaint on which defendant has been arraigned and a finding after a preliminary hearing (unless waived by defendant) that reasonable cause exists to believe that defendant committed a felony" ( Price , 195 AD3d at 1571 [internal quotation marks omitted]; see People v D ' Amico , 76 NY2d 877, 879 [1990]). 2021"Being so 'held' for the action of a [g]rand [j]ury involves the filing of a felony complaint on which defendant has been arraigned and a finding after a preliminary hearing (unless waived by defendant) that reasonable cause exists to believe that defendant committed a felony" ( People v Barber , 280 AD2d 691, 692 [3d Dept 2001], lv denied 96 NY2d 825 [2001]; see People v D'Amico , 76 NY2d 877, 879 [1990]). | 6 | 6 |
People v. Gassnergreen2 sentences2021Here, despite the absence of an order issued by the court, the record establishes that defendant was properly held for the action of a grand jury inasmuch as defendant acknowledged that he received the felony complaint upon which he was arraigned and waived his right to a preliminary hearing ( see People v Gassner , — AD3d &mdash, &mdash, 2021 NY Slip Op 02192, *1 [3d Dept 2021]; Anderson , 149 AD3d at 767 ), and the court immediately transferred over the case from its capacity as the local criminal court to its capacity as County Court ( see People v Fox , 158 AD3d 591 , 591 [1st Dept 2018], 2021Here, despite the absence of an order issued by the court, the record establishes that defendant was properly held for the action of a grand jury inasmuch as defendant acknowledged that he received the felony complaint upon which he was arraigned and waived his right to a preliminary hearing ( see People v Gassner , 193 AD3d 1182, 1184 [3d Dept 2021]; Anderson , 149 AD3d at 767 ), and the court immediately transferred over the case from its capacity as the local criminal court to its capacity as County Court ( see People v Fox , 158 AD3d 591 , 591 [1st Dept 2018], lv denied 31 NY3d 1081 [2018] | 2 | 2 |
People v. Davenportgreen2 sentences2021Here, despite the absence of an order issued by the court, the record establishes that defendant was properly held for the action of a grand jury inasmuch as defendant acknowledged that he received the felony complaint upon which he was arraigned and waived his right to a preliminary hearing ( see People v Gassner , — AD3d &mdash, &mdash, 2021 NY Slip Op 02192, *1 [3d Dept 2021]; Anderson , 149 AD3d at 767 ), and the court immediately transferred over the case from its capacity as the local criminal court to its capacity as County Court ( see People v Fox , 158 AD3d 591 , 591 [1st Dept 2018], 2021Here, despite the absence of an order issued by the court, the record establishes that defendant was properly held for the action of a grand jury inasmuch as defendant acknowledged that he received the felony complaint upon which he was arraigned and waived his right to a preliminary hearing ( see People v Gassner , 193 AD3d 1182, 1184 [3d Dept 2021]; Anderson , 149 AD3d at 767 ), and the court immediately transferred over the case from its capacity as the local criminal court to its capacity as County Court ( see People v Fox , 158 AD3d 591 , 591 [1st Dept 2018], lv denied 31 NY3d 1081 [2018] | 2 | 2 |
People v. Pricegreen2 sentences2026"Being so held for the action of a [g]rand [j]ury involves the filing of a felony complaint on which defendant has been arraigned and a finding after a preliminary hearing (unless waived by defendant) that reasonable cause exists to believe that defendant committed a felony" ( Price , 195 AD3d at 1571 [internal quotation marks omitted]; see People v D ' Amico , 76 NY2d 877, 879 [1990]). 2026Where, as here, a court sitting in a hybrid capacity transfers the case from its capacity as a local criminal court to its capacity as Supreme Court, the court "thereby effectively order[s] defendant held for grand jury action" ( People v Cicio , 157 AD3d 651 , 651 [1st Dept 2018], lv denied 31 NY3d 982 [2018]; see People v Fox , 158 AD3d 591 , 591 [1st Dept 2018], lv denied 31 NY3d 1081 [2018]; see generally Price , 195 AD3d at 1571 ). | 1 | 1 |
People v. Valentigreen1 sentence2010Here, petitioner was arraigned upon the two felony complaints and waived a preliminary hearing, the matter was transferred to County Court, and County Court approved petitioner’s waiver of indictment upon a finding that it complied with the requirements of CPL article 190 (see People v Barber, 280 AD2d at 692 ; People v Valenti, 264 AD2d 904, 905 [1999], lv denied 94 NY2d 926 [2000]). | 1 | 1 |
People v. Mitchellgreen1 sentence2008As this Court has stated, “[i]n practical terms, this means that a defendant must be arrested and arraigned in a local criminal court prior to executing the waiver” (People v Mitchell, 235 AD2d 834, 835 [1997], lv denied 89 NY2d 1038 [1997]). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Cambridge
green
2 sentences2026Where, as here, a court sitting in a hybrid capacity transfers the case from its capacity as a local criminal court to its capacity as Supreme Court, the court "thereby effectively order[s] defendant held for grand jury action" ( People v Cicio , 157 AD3d 651 , 651 [1st Dept 2018], lv denied 31 NY3d 982 [2018]; see People v Fox , 158 AD3d 591 , 591 [1st Dept 2018], lv denied 31 NY3d 1081 [2018]; see generally Price , 195 AD3d at 1571 ). 2021Here, despite the absence of an order issued by the court, the record establishes that defendant was properly held for the action of a grand jury inasmuch as defendant acknowledged that he received the felony complaint upon which he was arraigned and waived his right to a preliminary hearing ( see People v Gassner , — AD3d &mdash, &mdash, 2021 NY Slip Op 02192, *1 [3d Dept 2021]; Anderson , 149 AD3d at 767 ), and the court immediately transferred over the case from its capacity as the local criminal court to its capacity as County Court ( see People v Fox , 158 AD3d 591 , 591 [1st Dept 2018], | 3 | 2021–2026 |
People v. Menchetti
green
2 sentences2024CPL 195.20 provides, in pertinent part that "[a] waiver of indictment shall be evidenced by a written instrument" that designates "each offense to be charged in the information." "The offenses named [in the SCI] may include any offense for which the defendant was held for action of a grand jury and any offense or offenses properly joinable therewith pursuant to sections 200.20 and 200.40." A person is "held for the action of a grand jury" with regard to an offense if the offense is charged in a felony complaint on which the person has been arraigned, and there has been a finding after a prelim 2024CPL 195.20 provides, in pertinent part that "[a] waiver of indictment shall be evidenced by a written instrument" that designates "each offense to be charged in the information." "The offenses named [in the SCI] may include any offense for which the defendant was held for action of a grand jury and any offense or offenses properly joinable therewith pursuant to sections 200.20 and 200.40." A person is "held for the action of a grand jury" with regard to an offense if the offense is charged in a felony complaint on which the person has been arraigned, and there has been a finding after a prelim | 2 | 2024–2024 |
People v. Clark
green
2 sentences2024CPL 195.20 provides, in pertinent part that "[a] waiver of indictment shall be evidenced by a written instrument" that designates "each offense to be charged in the information." "The offenses named [in the SCI] may include any offense for which the defendant was held for action of a grand jury and any offense or offenses properly joinable therewith pursuant to sections 200.20 and 200.40." A person is "held for the action of a grand jury" with regard to an offense if the offense is charged in a felony complaint on which the person has been arraigned, and there has been a finding after a prelim 2024CPL 195.20 provides, in pertinent part that "[a] waiver of indictment shall be evidenced by a written instrument" that designates "each offense to be charged in the information." "The offenses named [in the SCI] may include any offense for which the defendant was held for action of a grand jury and any offense or offenses properly joinable therewith pursuant to sections 200.20 and 200.40." A person is "held for the action of a grand jury" with regard to an offense if the offense is charged in a felony complaint on which the person has been arraigned, and there has been a finding after a prelim | 2 | 2024–2024 |
People v. Anderson
green
2 sentences2021Here, despite the absence of an order issued by the court, the record establishes that defendant was properly held for the action of a grand jury inasmuch as defendant acknowledged that he received the felony complaint upon which he was arraigned and waived his right to a preliminary hearing ( see People v Gassner , — AD3d &mdash, &mdash, 2021 NY Slip Op 02192, *1 [3d Dept 2021]; Anderson , 149 AD3d at 767 ), and the court immediately transferred over the case from its capacity as the local criminal court to its capacity as County Court ( see People v Fox , 158 AD3d 591 , 591 [1st Dept 2018], 2021Here, despite the absence of an order issued by the court, the record establishes that defendant was properly held for the action of a grand jury inasmuch as defendant acknowledged that he received the felony complaint upon which he was arraigned and waived his right to a preliminary hearing ( see People v Gassner , 193 AD3d 1182, 1184 [3d Dept 2021]; Anderson , 149 AD3d at 767 ), and the court immediately transferred over the case from its capacity as the local criminal court to its capacity as County Court ( see People v Fox , 158 AD3d 591 , 591 [1st Dept 2018], lv denied 31 NY3d 1081 [2018] | 2 | 2021–2021 |
People v. Gallagher
green
1 sentence2010“Being so ‘held’ for the action of a [g]rand Q]ury involves the filing of a felony complaint on which [the] defendant has been arraigned and a finding after a preliminary hearing (unless waived by [the] defendant) that reasonable cause ex ists to believe that [the] defendant committed a felony” (People v Barber, 280 AD2d 691, 692 [2001], lv denied 96 NY2d 825 [2001] ; see CPL 180.70; People v D’Amico, 76 NY2d 877, 879 [1990]; People v Gallagher, 34 AD3d 941 , 942 [2006], lv denied 8 NY3d 880 [2007]). | 1 | 2010–2010 |
People v. Talham
green
1 sentence2001While it is undisputed here that the local criminal court never issued an order holding defendant over for ac tion by the Grand Jury or transmitted such an order to County Court with the required documentation, although required by CPL 180.30 (1) and 180.70 (1), such noncompliance is not a jurisdictional defect requiring nullification of defendant’s waiver or plea (see, People v Talham, 41 AD2d 354, 356 ). | 1 | 2001–2001 |
People v. Zanghi
green
1 sentence1996Under the circumstances of this case, defendant’s reliance upon People v Zanghi ( 79 NY2d 815 ) is misplaced. | 1 | 1996–1996 |