People v. Quamina
| Decision Date | 30 September 1994 |
| Parties | PEOPLE of the State of New York, Respondent, v. Duane QUAMINA, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Edward J. Nowak by David Juergens, Rochester, for appellant.
Howard R. Relin by Elizabeth Clifford, Rochester, for respondent.
Before PINE, J.P., and BALIO, LAWTON, CALLAHAN and DAVIS, JJ.
Defendant contends that count three of the indictment, which charges defendant and others with conspiracy in the second degree, is jurisdictionally defective because it fails to set forth the knowledge element of the four class A felonies that are the objects of the conspiracy. Defendant failed to preserve that issue for review by his failure to raise that ground in his motion papers submitted to County Court. Additionally, defendant waived his challenge to the indictment by his guilty plea (see, People v. Levin, 57 N.Y.2d 1008, 1009, 457 N.Y.S.2d 472, 443 N.E.2d 946, rearg. denied 58 N.Y.2d 824, 459 N.Y.S.2d 1030, 445 N.E.2d 657; People v. Iannone, 45 N.Y.2d 589, 412 N.Y.S.2d 110, 384 N.E.2d 656). Defendant mischaracterizes the nature of his challenge to the indictment. While a jurisdictional defect in an indictment is not waived by a guilty plea and may be raised for the first time on appeal, not every alleged defect is a jurisdictional defect (see, People v. Iannone, supra, at 600, 412 N.Y.S.2d 110, 384 N.E.2d 656). "[A]n indictment is jurisdictionally defective only if it does not effectively charge the defendant with the commission of a particular crime" (People v. Iannone, supra, at 600, 412 N.Y.S.2d 110, 384 N.E.2d 656). Here, the indictment charged defendant with the commission of the crime of conspiracy in the second degree and identified the four class A felonies that are the objects of the conspiracy by name and by reference to the relevant sections and subdivisions of the Penal Law. Thus, the indictment is not jurisdictionally defective (see, People v. Ray, 71 N.Y.2d 849, 850, 527 N.Y.S.2d 740, 522 N.E.2d 1037; People v. Wright, 67 N.Y.2d 749, 500 N.Y.S.2d 98, 490 N.E.2d 1224, revg 112 A.D.2d 38, 490 N.Y.S.2d 943). Finally, we reject defendant's contention that count three of the indictment is duplicitous (see, CPL 200.30; People v. Ribowsky, 77 N.Y.2d 284, 289, 567 N.Y.S.2d 392, 568 N.E.2d 1197; People ex rel. Hannon v. Ryan, 34 A.D.2d 393, 400, 312 N.Y.S.2d 706, lv. denied 27 N.Y.2d 487, 315 N.Y.S.2d 1029, 263 N.E.2d 673; cf., People v. Keindl, 68...
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...defective “only if it does not effectively charge the defendant with the commission of a particular crime” ( People v. Quamina, 207 A.D.2d 1030, 1030, 617 N.Y.S.2d 95,lv. denied84 N.Y.2d 1014, 622 N.Y.S.2d 926, 647 N.E.2d 132, quoting People v. Iannone, 45 N.Y.2d 589, 600, 412 N.Y.S.2d 110,......
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