jurisdictional requirements waiver (New York) · Go Syfert
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jurisdictional requirements waiver in New York

11 New York opinions name it 1 courts 2012–2019 0 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.

Followed or applied (15)

CaseFollowedCited
People v. Waidgreen
nyappdiv · 2006 · cited in 6 New York opinions naming this issue, 2012–2013
2 sentences

2013We note that defendant’s challenges to the jurisdictional requirements of the waiver of indictment and the superior court information need not be preserved for our review (see People v Boston, 75 NY2d 585 , 589 n [1990]; People v Finch, 96 AD3d 1485, 1486 [2012]; People v Waid, 26 AD3d 734, 734-735 [2006], lv denied 6 NY3d 839 [2006]), and those challenges are also not precluded by defendant’s valid waiver of his right to appeal (see Finch, 96 AD3d at 1486 ; People v Harris, 267 AD2d 1008, 1009 [1999]).

2013We note that defendant’s challenges to the jurisdictional requirements of the waiver of indictment and the superior court information need not be preserved for our review (see People v Boston, 75 NY2d 585 , 589 n [1990]; People v Finch, 96 AD3d 1485, 1486 [2012]; People v Waid, 26 AD3d 734, 734-735 [2006], lv denied 6 NY3d 839 [2006]), and those challenges are also not precluded by defendant’s valid waiver of his right to appeal (see Finch, 96 AD3d at 1486 ; People v Harris, 267 AD2d 1008, 1009 [1999]).

46
People v. Bostongreen
ny · 1990 · cited in 11 New York opinions naming this issue, 2012–2019
2 sentences

2019Likewise, a " challenge[] to the jurisdictional requirements of the waiver of indictment . . . need not be preserved for [appellate] review' " (Melvin, 148 AD3d at 1754 ; see Myers, 32 NY3d at 21 n 1; Boston, 75 NY2d at 589 n; Janelle, 146 AD3d at 809 ; Lugg, 108 AD3d at 1074 ).

2017Initially, we note that “[defendant’s challenges to the jurisdictional requirements of the waiver of indictment and the superior court information need not be preserved for [appellate] review” and are not forfeited by the guilty plea (People v Lugg, 108 AD3d 1074, 1074 [2013]; see People v Boston, 75 NY2d 585 , 589 n [1990]; People v Jackson, 128 AD3d 1279, 1279 [2015], lv denied 26 NY3d 930 [2015]).

311
People v. Lugggreen
nyappdiv · 2013 · cited in 5 New York opinions naming this issue, 2017–2019
2 sentences

2019Likewise, a " challenge[] to the jurisdictional requirements of the waiver of indictment . . . need not be preserved for [appellate] review' " (Melvin, 148 AD3d at 1754 ; see Myers, 32 NY3d at 21 n 1; Boston, 75 NY2d at 589 n; Janelle, 146 AD3d at 809 ; Lugg, 108 AD3d at 1074 ).

2017Initially, we note that “[defendant’s challenges to the jurisdictional requirements of the waiver of indictment and the superior court information need not be preserved for [appellate] review” and are not forfeited by the guilty plea (People v Lugg, 108 AD3d 1074, 1074 [2013]; see People v Boston, 75 NY2d 585 , 589 n [1990]; People v Jackson, 128 AD3d 1279, 1279 [2015], lv denied 26 NY3d 930 [2015]).

35
People v. DELAROSAgreen
ny · 2011 · cited in 3 New York opinions naming this issue, 2013–2013
2 sentences

2013Contrary to defendant’s contention, however, the record establishes that he entered a valid waiver of indictment, and freely and voluntarily consented to be prosecuted by way of a superior court information (see CPL 195.10, 195.20; People v Burney, 93 AD3d 1334, 1334 [2012]; see generally People v Davis, 84 AD3d 1645, 1646 [2011], lv denied 17 NY3d 815 [2011]).

2013Contrary to defendant’s contention, however, the record establishes that he entered a valid waiver of indictment, and freely and voluntarily consented to be prosecuted by way of a superior court information (see CPL 195.10, 195.20; People v Burney, 93 AD3d 1334, 1334 [2012]; see generally People v Davis, 84 AD3d 1645, 1646 [2011], lv denied 17 NY3d 815 [2011]).

33
People v. Davisgreen
nyappdiv · 2011 · cited in 3 New York opinions naming this issue, 2013–2013
2 sentences

2013Contrary to defendant’s contention, however, the record establishes that he entered a valid waiver of indictment, and freely and voluntarily consented to be prosecuted by way of a superior court information (see CPL 195.10, 195.20; People v Burney, 93 AD3d 1334, 1334 [2012]; see generally People v Davis, 84 AD3d 1645, 1646 [2011], lv denied 17 NY3d 815 [2011]).

2013Contrary to defendant’s contention, however, the record establishes that he entered a valid waiver of indictment, and freely and voluntarily consented to be prosecuted by way of a superior court information (see CPL 195.10, 195.20; People v Burney, 93 AD3d 1334, 1334 [2012]; see generally People v Davis, 84 AD3d 1645, 1646 [2011], lv denied 17 NY3d 815 [2011]).

33
People v. Jacksongreen
nyappdiv · 2015 · cited in 3 New York opinions naming this issue, 2017–2017
2 sentences

2017Initially, we note that “[defendant’s challenges to the jurisdictional requirements of the waiver of indictment and the superior court information need not be preserved for [appellate] review” and are not forfeited by the guilty plea (People v Lugg, 108 AD3d 1074, 1074 [2013]; see People v Boston, 75 NY2d 585 , 589 n [1990]; People v Jackson, 128 AD3d 1279, 1279 [2015], lv denied 26 NY3d 930 [2015]).

2017Initially, we note that “[defendant’s challenges to the jurisdictional requirements of the waiver of indictment and the superior court information need not be preserved for [appellate] review” and are not forfeited by the guilty plea (People v Lugg, 108 AD3d 1074, 1074 [2013]; see People v Boston, 75 NY2d 585 , 589 n [1990]; People v Jackson, 128 AD3d 1279, 1279 [2015], lv denied 26 NY3d 930 [2015]).

23
People v. Rodriguezgreen
nyappdiv · 2012 · cited in 3 New York opinions naming this issue, 2013–2013
2 sentences

2013Contrary to defendant’s contention, however, the record establishes that he entered a valid waiver of indictment, and freely and voluntarily consented to be prosecuted by way of a superior court information (see CPL 195.10, 195.20; People v Burney, 93 AD3d 1334, 1334 [2012]; see generally People v Davis, 84 AD3d 1645, 1646 [2011], lv denied 17 NY3d 815 [2011]).

2013Contrary to defendant’s contention, however, the record establishes that he entered a valid waiver of indictment, and freely and voluntarily consented to be prosecuted by way of a superior court information (see CPL 195.10, 195.20; People v Burney, 93 AD3d 1334, 1334 [2012]; see generally People v Davis, 84 AD3d 1645, 1646 [2011], lv denied 17 NY3d 815 [2011]).

23
People v. Finchgreen
nyappdiv · 2012 · cited in 3 New York opinions naming this issue, 2013–2013
2 sentences

2013We note that defendant’s challenges to the jurisdictional requirements of the waiver of indictment and the superior court information need not be preserved for our review (see People v Boston, 75 NY2d 585 , 589 n [1990]; People v Finch, 96 AD3d 1485, 1486 [2012]; People v Waid, 26 AD3d 734, 734-735 [2006], lv denied 6 NY3d 839 [2006]), and those challenges are also not precluded by defendant’s valid waiver of his right to appeal (see Finch, 96 AD3d at 1486 ; People v Harris, 267 AD2d 1008, 1009 [1999]).

2013We note that defendant’s challenges to the jurisdictional requirements of the waiver of indictment and the superior court information need not be preserved for our review (see People v Boston, 75 NY2d 585 , 589 n [1990]; People v Finch, 96 AD3d 1485, 1486 [2012]; People v Waid, 26 AD3d 734, 734-735 [2006], lv denied 6 NY3d 839 [2006]), and those challenges are also not precluded by defendant’s valid waiver of his right to appeal (see Finch, 96 AD3d at 1486 ; People v Harris, 267 AD2d 1008, 1009 [1999]).

23
People v. Harrisgreen
nyappdiv · 1999 · cited in 3 New York opinions naming this issue, 2013–2013
2 sentences

2013We note that defendant’s challenges to the jurisdictional requirements of the waiver of indictment and the superior court information need not be preserved for our review (see People v Boston, 75 NY2d 585 , 589 n [1990]; People v Finch, 96 AD3d 1485, 1486 [2012]; People v Waid, 26 AD3d 734, 734-735 [2006], lv denied 6 NY3d 839 [2006]), and those challenges are also not precluded by defendant’s valid waiver of his right to appeal (see Finch, 96 AD3d at 1486 ; People v Harris, 267 AD2d 1008, 1009 [1999]).

2013We note that defendant’s challenges to the jurisdictional requirements of the waiver of indictment and the superior court information need not be preserved for our review (see People v Boston, 75 NY2d 585 , 589 n [1990]; People v Finch, 96 AD3d 1485, 1486 [2012]; People v Waid, 26 AD3d 734, 734-735 [2006], lv denied 6 NY3d 839 [2006]), and those challenges are also not precluded by defendant’s valid waiver of his right to appeal (see Finch, 96 AD3d at 1486 ; People v Harris, 267 AD2d 1008, 1009 [1999]).

23
Griffin v. John Jay Collegegreen
nyappdiv · 1999 · cited in 3 New York opinions naming this issue, 2012–2012
2 sentences

2012Finally, we agree with defendant that his challenge to the jurisdictional requirements of the waiver of indictment and the superior court information need not be preserved for our review (see People v Boston, 75 NY2d 585 , 589 n [1990]; People v Waid, 26 AD3d 734, 734-735 [2006], lv denied 6 NY3d 839 [2006]), and that his challenge is not precluded by his valid waiver of the right to appeal (see Waid, 26 AD3d at 734-735 ; People v Verrone, 266 AD2d 16, 18 [1999]).

2012Finally, we agree with defendant that his challenge to the jurisdictional requirements of the waiver of indictment and the superior court information need not be preserved for our review (see People v Boston, 75 NY2d 585 , 589 n [1990]; People v Waid, 26 AD3d 734, 734-735 [2006], lv denied 6 NY3d 839 [2006]), and that his challenge is not precluded by his valid waiver of the right to appeal (see Waid, 26 AD3d at 734-735 ; People v Verrone, 266 AD2d 16, 18 [1999]).

23
People v. Zanghigreen
ny · 1991 · cited in 1 New York opinions naming this issue, 2019–2019
1 sentence

2019II CPL 195.20 is a key component of the procedure for waiving indictment, and it "reiterates the constitutional requirements and specifies additional items the written waiver must [*4]include" (Myers, 32 NY3d at 22 n 2; see Zanghi, 79 NY2d at 817 ).

11
People v. Myersgreen
ny · 2018 · cited in 1 New York opinions naming this issue, 2019–2019
2 sentences

2019Likewise, a " challenge[] to the jurisdictional requirements of the waiver of indictment . . . need not be preserved for [appellate] review' " (Melvin, 148 AD3d at 1754 ; see Myers, 32 NY3d at 21 n 1; Boston, 75 NY2d at 589 n; Janelle, 146 AD3d at 809 ; Lugg, 108 AD3d at 1074 ).

2019II CPL 195.20 is a key component of the procedure for waiving indictment, and it "reiterates the constitutional requirements and specifies additional items the written waiver must [*4]include" (Myers, 32 NY3d at 22 n 2; see Zanghi, 79 NY2d at 817 ).

11
People v. D'Amicogreen
ny · 1990 · cited in 1 New York opinions naming this issue, 2017–2017
1 sentence

2017We nonetheless conclude that defendant’s challenges lack merit (see People v Attea, 84 AD3d 1700, 1701 [2011]; see generally CPL 195.10 [1] [b]; People v D’Amico, 76 NY2d 877, 879 [1990]).

11
People v. Atteagreen
nyappdiv · 2011 · cited in 1 New York opinions naming this issue, 2017–2017
1 sentence

2017We nonetheless conclude that defendant’s challenges lack merit (see People v Attea, 84 AD3d 1700, 1701 [2011]; see generally CPL 195.10 [1] [b]; People v D’Amico, 76 NY2d 877, 879 [1990]).

11
People v. Tun Aunggreen
nyappdiv · 2014 · cited in 1 New York opinions naming this issue, 2017–2017
2 sentences

2017We note that defendant’s challenges to the jurisdictional requirements of the waiver of indictment and the SCI need not be preserved for our review (see People v Boston, 75 NY2d 585 , 589 n [1990]; People v Tun Aung, 117 AD3d 1492, 1493 [2014]) and are not precluded by defendant’s valid waiver of his right to appeal (see Tun Aung, 117 AD3d at 1493 ; People v Lugg, 108 AD3d 1074, 1074 [2013]).

2017We note that defendant’s challenges to the jurisdictional requirements of the waiver of indictment and the SCI need not be preserved for our review (see People v Boston, 75 NY2d 585 , 589 n [1990]; People v Tun Aung, 117 AD3d 1492, 1493 [2014]) and are not precluded by defendant’s valid waiver of his right to appeal (see Tun Aung, 117 AD3d at 1493 ; People v Lugg, 108 AD3d 1074, 1074 [2013]).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
People v. Warren green
ny · 2006
2 sentences

2013We note that defendant’s challenges to the jurisdictional requirements of the waiver of indictment and the superior court information need not be preserved for our review (see People v Boston, 75 NY2d 585 , 589 n [1990]; People v Finch, 96 AD3d 1485, 1486 [2012]; People v Waid, 26 AD3d 734, 734-735 [2006], lv denied 6 NY3d 839 [2006]), and those challenges are also not precluded by defendant’s valid waiver of his right to appeal (see Finch, 96 AD3d at 1486 ; People v Harris, 267 AD2d 1008, 1009 [1999]).

2013We note that defendant’s challenges to the jurisdictional requirements of the waiver of indictment and the superior court information need not be preserved for our review (see People v Boston, 75 NY2d 585 , 589 n [1990]; People v Finch, 96 AD3d 1485, 1486 [2012]; People v Waid, 26 AD3d 734, 734-735 [2006], lv denied 6 NY3d 839 [2006]), and those challenges are also not precluded by defendant’s valid waiver of his right to appeal (see Finch, 96 AD3d at 1486 ; People v Harris, 267 AD2d 1008, 1009 [1999]).

62012–2013
People v. Janelle green
nyappdiv · 2017
1 sentence

2019Likewise, a " challenge[] to the jurisdictional requirements of the waiver of indictment . . . need not be preserved for [appellate] review' " (Melvin, 148 AD3d at 1754 ; see Myers, 32 NY3d at 21 n 1; Boston, 75 NY2d at 589 n; Janelle, 146 AD3d at 809 ; Lugg, 108 AD3d at 1074 ).

12019–2019
People v. Byng green
nyappdiv · 2017
1 sentence

2019Likewise, a " challenge[] to the jurisdictional requirements of the waiver of indictment . . . need not be preserved for [appellate] review' " (Melvin, 148 AD3d at 1754 ; see Myers, 32 NY3d at 21 n 1; Boston, 75 NY2d at 589 n; Janelle, 146 AD3d at 809 ; Lugg, 108 AD3d at 1074 ).

12019–2019

Statutes the citing opinions construe

NY § N.Y. Penal Law § 130.30 (4) NY § N.Y. Penal Law § 150.10 (3) NY § N.Y. Penal Law § 265.03 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 11 (2012–2019) AR 2 (1994–1998)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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