PEOPLE v. ROBBINS


283 A.D.2d 152 (2001)

724 N.Y.S.2d 581

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK ROBBINS, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 1, 2001.


As the People correctly concede, defendant's waiver of indictment and consent to be prosecuted by superior court information was invalid under CPL 195.10 (2) (b) since defendant had already been indicted with respect to the same incident (see, People v Boston, 75 N.Y.2d 585; cf., People v D'Amico, 76 N.Y.2d 877

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