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People v. Long

273 A.D.2d 67 Court N.Y. App. Div. Decision date 2000-06-08 English

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p. 67
The People of the State of New York, Respondent, v Herbert Long, Also Known as Hubert Long, Appellant.
[708 NYS2d 869]

Judgment, Supreme Court, Bronx County (Vincent Quattrochi, J.), rendered March 5, 1998, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4V2 to 9 years, unanimously affirmed.

Defendant’s challenges to his waiver of indictment and prosecution by superior court information involve, at most, non-jurisdictional defects of form, which were unpreserved, as well as forfeited by his valid guilty plea (People v George, 261 AD2d 711 , lv denied 93 NY2d 1018 ). In any event, defendant’s waiver of indictment and superior court information, constituting a single document, satisfied the requirements of CPL 195.20 (see,

p. 68
People v Lamoni, 230 AD2d 628 , lv denied 89 NY2d 925 ). Concur — Williams, J. P., Mazzarelli, Lerner, Andrias and Friedman, JJ.

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