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PEOPLE v. KLAHN

23 Misc.3d 518 (2009)

871 N.Y.S.2d 899

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. JOSH KLAHN, Defendant.

County Court, Cattaraugus County.

Decided January 21, 2009.

Attorney(s) appearing for the Case

Gerald J. Vella, Springville, for defendant.

Edward M. Sharkey, District Attorney, Little Valley, for plaintiff.

OPINION OF THE COURT

LARRY M. HIMELEIN, J.

Is a defendant denied his statutory right to notice of a grand jury proceeding when the local court forwards the papers to County Court without a preliminary hearing being held or waived, and the defendant is thereafter indicted without receiving a grand jury notice?

On May 14, 2008, defendant was arraigned in the Town of Ashford on charges of burglary and petit...

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