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WAIVER OF INDICTMENT AND SUPERIOR COURT INFORMATION DID NOT INCLUDE THE TIME OF THE OFFENSE, GUILTY PLEA VACATED (THIRD DEPT).

The Third Department, reversing County Court, determined that defendant’s guilty plea must be vacated because the waiver of indictment and superior court information were defective. The time of the offense was not indicated:

We agree with defendant’s contention that, because there was not strict compliance with the statutory mandates of CPL 195.20, his waiver of indictment is invalid, thereby requiring reversal of the judgment of conviction … . The plain language of CPL 195.20 requires that a waiver of indictment include the date and approximate time of the charged offense. Although the waiver of indictment and the SCI, when filed together, may be read as a single document in order to satisfy the requirements of the statute, here, neither the waiver of indictment nor the SCI properly indicate the time of the charged offense … . Moreover, this is not “a situation where the time of the offense is unknown or, perhaps, unknowable” so as to excuse the absence of such information … . People v Titus, 2019 NY Slip Op 02588, Second Dept 4-4-19

Because defendant’s admission to a violation of probation was induced by the explicit promise his sentence for the probation violation would run concurrently with the sentence for attempted burglary, which was reversed above, defendant’s plea to the probation violation was vacated as well.  People v Titus, 2019 NY Slip Op 02589, Third Dept 4-4-19

 

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