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People v. Hanely

Supreme Court of New York, Second Department

June 19, 2013

The People of the State of New York, respondent,
v.
Anthony Hanely, appellant. (S.C.I. No. 2659/11)

Lynn W. L. Fahey, New York, N.Y., for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and William H. Branigan of counsel; Andrew Dykens on the brief), for respondent.

RUTH C. BALKIN, J.P., L. PRISCILLA HALL, PLUMMER E. LOTT, ROBERT J. MILLER, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Chin Brandt, J.), rendered July 14, 2011, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, his waiver of indictment was valid (see NY Const, art I, § 6; CPL 195.10, 195.20; People v Pierce, 14 N.Y.3d 564, 567-568; People v Gramola, 102 A.D.3d 810, 810, lv denied 20 N.Y.3d 1099). Therefore, the defendant was properly prosecuted by Superior Court Information.

BALKIN, J.P., HALL, LOTT and MILLER, JJ., concur.


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