Opinion
07-15-2015
The PEOPLE, etc., respondent, v. Sean BARNHILL, appellant.
Lynn W.L. Fahey, New York, N.Y., for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Ellen C. Abbot, and Jonathan V. Brewer of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Ellen C. Abbot, and Jonathan V. Brewer of counsel), for respondent.
Opinion Appeal by the defendant from a judgment of the Supreme Court, Queens County (Chin–Brandt, J.), rendered March 19, 2013, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
“The defendant's challenge to the validity of his waiver of indictment is not forfeited by his plea of guilty and would not be precluded by any valid waiver of the right to appeal” (People v. Yunga, 122 A.D.3d 951, 997 N.Y.S.2d 470 ; see People v. Boston, 75 N.Y.2d 585, 589 n., 555 N.Y.S.2d 27, 554 N.E.2d 64 ; People v. Sze, 113 A.D.3d 795, 978 N.Y.S.2d 879 ; People v. Libby, 246 A.D.2d 669, 670–671, 668 N.Y.S.2d 397 ). Nor does that claim require preservation (see People v. Boston, 75 N.Y.2d at 589 n., 555 N.Y.S.2d 27, 554 N.E.2d 64 ; People v. Yunga, 122 A.D.3d at 951, 997 N.Y.S.2d 470 ). Nevertheless, contrary to the defendant's contention, his waiver of indictment was valid (see N.Y. Const., art. I, § 6 ; CPL 195.10, 195.20 ; People v. Bastardo, 127 A.D.3d 776, 4 N.Y.S.3d 549 ; People v. Hanely, 107 A.D.3d 917, 966 N.Y.S.2d 870 ; People v. Newson, 106 A.D.3d 839, 964 N.Y.S.2d 646 ; People v. Gramola, 102 A.D.3d 810, 957 N.Y.S.2d 893 ).
SKELOS, J.P., HALL, SGROI and BARROS, JJ., concur.