People v. Aquart
| Decision Date | 05 April 2017 |
| Citation | 49 N.Y.S.3d 632 (Mem),149 A.D.3d 768 |
| Parties | The PEOPLE, etc., respondent, v. Dwayne AQUART, appellant. |
| Court | New York Supreme Court — Appellate Division |
Steven A. Feldman, Uniondale, NY, for appellant.
Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (Jennifer Spencer and Steven A. Bender of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County (Everett, J.), rendered August 7, 2014, convicting him of criminal sale of a controlled substance in the third 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 was not forfeited by his plea of guilty or precluded by his valid waiver of the right to appeal (see People v. Boston, 75 N.Y.2d 585, 589 n., 555 N.Y.S.2d 27, 554 N.E.2d 64 ; People v. Janelle, 146 A.D.3d 808, 45 N.Y.S.3d 500 ; People v. Barnhill, 130 A.D.3d 839, 839, 12 N.Y.S.3d 553 ; People v. Yunga, 122 A.D.3d 951, 951, 997 N.Y.S.2d 470 ; 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 ). A challenge to the validity of a waiver of indictment does not 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. Barnhill, 130 A.D.3d at 839, 12 N.Y.S.3d 553 ; 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. Barnhill, 130 A.D.3d at 839, 12 N.Y.S.3d 553 ; People v. Bastardo, 127 A.D.3d 776, 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 ).
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