People v. Vaughn

• Decision Date: 06 June 2019
• Docket Number: 109268
• Parties: The PEOPLE of the State of New York, Respondent, v. Daniel C. VAUGHN, Appellant.
• Court: New York Supreme Court — Appellate Division

173 A.D.3d 1260
102 N.Y.S.3d 751

The PEOPLE of the State of New York, Respondent,
v.
Daniel C. VAUGHN, Appellant.

109268

Supreme Court, Appellate Division, Third Department, New York.

Calendar Date: May 2, 2019
Decided and Entered: June 6, 2019

102 N.Y.S.3d 752

John A. Cirando, Syracuse, for appellant.

William G. Gabor, District Attorney, Wampsville (Elizabeth Healy of counsel), for respondent.

Before: Garry, P.J., Mulvey, Aarons, Rumsey and Pritzker, JJ.

MEMORANDUM AND ORDER

Garry, P.J.

173 A.D.3d 1260

Appeal from a judgment of the County Court of Madison County (McDermott, J.), rendered September 29, 2016, convicting defendant upon his plea of guilty of the crime of assault in the second degree.

Defendant waived indictment and was charged in a superior

173 A.D.3d 1261

court information (hereinafter SCI) with assault in the first degree, assault in the second degree and criminal possession of a weapon in the fourth degree. He thereafter pleaded guilty to assault in the second degree in full satisfaction of the charges and waived his right to appeal. County Court sentenced him in accordance with the plea agreement to 4½ years in prison, to be followed by three years of postrelease supervision. Defendant appeals.

At oral argument, defendant raised his contention that the waiver of indictment and the SCI failed to set forth a time of the offense and are thus jurisdictionally defective. Initially, a claim of lack of jurisdiction may be raised at any time (see generally People v. Nicometi, 12 N.Y.2d 428, 431, 240 N.Y.S.2d 589, 191 N.E.2d 79 [1963] ), and such challenge is not precluded by defendant's guilty plea or his waiver of the right to appeal (see People v. Hulstrunk, 163 A.D.3d 1177, 1178 n, 79 N.Y.S.3d 397 [2018] ; People v. Seals, 135 A.D.3d 985, 987, 22 N.Y.S.3d 653 [2016] ). A waiver of indictment must be executed in strict compliance with the...