PEOPLE v. MORA (2024)

Judgments, Supreme Court, Bronx County (Laurence E. Busching, J.), rendered January 14, 2019, convicting defendant, upon his pleas of guilty, of attempted criminal possession of a weapon in the second degree and criminal possession of a controlled substance in the fifth degree, and sentencing him to consecutive terms of 1 year, unanimously affirmed.

Defendant's waivers of indictment were valid.  Although the plea minutes are silent as to when defendant executed the written waivers, the record as a whole demonstrates that defendant signed them “in open court in the presence of his attorney” (CPL 195.20).  After eliciting defendant's verbal confirmation that he was waiving indictment by grand jury, the court directed counsel to “go over the paperwork with him,” and a “brief off the record discussion was held.”  Thereafter, the court explained that, “[b]y signing the Waivers of Indictment,” defendant was giving up his right to have a grand jury hear his cases and agreeing to be prosecuted by superior court information.

Upon defendant's agreement, the court “accept[ed] the Waiver of Indictment” and the superior court information filed in each case.  The written waivers are dated the same day as the plea proceeding and signed by defendant and defense counsel.  In each case, the court signed an order stating that the court was “satisfied that the waiver complie[d] with [CPL] 195.10 and 195.20” and that the waiver was “executed by the defendant in the presence of counsel.”  Thus, the record is sufficient to establish that defendant's waivers of indictment satisfied CPL 195.20 (see People v. Myers, 32 N.Y.3d 18, 21, 84 N.Y.S.3d 406, 109 N.E.3d 555 [2018];  People v. Ramos, 189 A.D.3d 586, 134 N.Y.S.3d 182 [1st Dept. 2020], lv denied 36 N.Y.3d 1059, 141 N.Y.S.3d 746, 165 N.E.3d 672 [2021]).