People v. Murphy, 87-01580-01
| Decision Date | 27 February 1989 |
| Docket Number | No. 87-01580-01,87-01580-01 |
| Parties | , 153 A.D.2d 762 The PEOPLE, etc., Respondent, v. Terence J. MURPHY, Appellant. (S.C.I.). |
| Court | New York Supreme Court — Appellate Division |
Before MOLLEN, P.J., and THOMPSON, BRACKEN and KUNZEMAN, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the County Court, Westchester County (Lange, J.), rendered February 9, 1988, convicting him of criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence. The People have made a motion for summary reversal.
ORDERED that the securing order shall remain in effect until the first to occur of any of the following: (a) a statement to the court by the People that they do not intend to submit the case to a Grand Jury, (b) arraignment of the defendant upon an indictment filed as a result of submission of the case to a Grand Jury, (c) the filing with the court of a Grand Jury dismissal of the case following submission thereof, or (d) the expiration of a period of 45 days from the date of this decision and order, provided that such period may, for good cause shown, be extended by the County Court, Westchester County, to a designated subsequent date if such is necessary to accord the People a reasonable opportunity to submit the case to a Grand Jury.
In the present case, the defendant has made a motion for an order staying the execution of the judgment of conviction pending his appeal to this court (see, CPL 460.50). Among the contentions asserted by the defendant in support of his motion is the argument that the County Court erred in approving his written waiver of his right to be tried only upon the indictment of a Grand Jury. The defendant argues that, since he was originally charged in a felony complaint filed in the Justice Court, Town of Mamaroneck, Westchester County, on September 4, 1987, with the crime of criminal possession of a controlled substance in the second degree (Penal Law § 220.18[1] ), a class A-II felony with respect to which a sentence of imprisonment for life is authorized (Penal Law § 70.02[2][a] ), it was beyond his capacity to waive his right to be tried upon an indictment (N.Y. Const., art. I, § 6; CPL 195.10[1][b] ).
The People responded to the defendant's motion by making a cross motion for summary reversal. In...
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