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THE SUPERIOR COURT INFORMATION (SCI) DID NOT INCLUDE THE TIME OF THE OFFENSE AND WAS THEREFORE JURISDICTIONALLY DEFECTIVE (THIRD DEPT).

The Third Department reversed defendant’s conviction and dismissed the Superior Court Information (SCI) because there was no reference to the time of the offense:

A waiver of indictment must be executed in strict compliance with the requirements of CPL 195.20, which provides, as pertinent here, that it shall include the “approximate time . . . of each offense to be charged in the [SCI]” … . Although “courts may read both [the SCI and the waiver of indictment] together, as a single document, to satisfy the requirements of CPL 195.20,” it is undisputed that here neither contained any reference to the time of the offense … . Further, this is not a case “where the time of the offense is unknown, or, perhaps, unknowable so as to excuse the absence of such information” … . Indeed, a specific time was provided in the felony complaint. People v Vaughn, 2019 NY Slip Op 04500, Third Dept 6-6-19

 

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DEFENDANT WAS NOT ADEQUATELY INFORMED OF THE RISKS OF CONTINUING TO BE REPRESENTED... THE COURT SHOULD HAVE HELD A HEARING TO DETERMINE WHETHER DEFENDANT WAS INFORMED...