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People v. Noe

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 1, 1991
170 A.D.2d 1029 (N.Y. App. Div. 1991)

Opinion

February 1, 1991

Appeal from the Onondaga County Court, Cunningham, J.

Present — Denman, J.P., Boomer, Pine, Balio and Lawton, JJ.


Judgment unanimously affirmed. Memorandum: Defendant argues that the court lacked jurisdiction over the charge of forgery in the second degree because defendant had not been held for the action of a Grand Jury on that charge when he pled guilty to a Superior Court Information. He argues that his plea should be vacated. We disagree. The court's dismissal of that charge and authorization to re-present it to a Grand Jury is deemed to constitute an order holding defendant for the action of the Grand Jury (CPL 210.45). We have examined defendant's remaining arguments on appeal and find them lacking in merit.


Summaries of

People v. Noe

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 1, 1991
170 A.D.2d 1029 (N.Y. App. Div. 1991)
Case details for

People v. Noe

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILBUR NOE, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 1, 1991

Citations

170 A.D.2d 1029 (N.Y. App. Div. 1991)

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