PEOPLE v. THOMPSON (2025)

Judgment, Supreme Court, New York County (Larry Stephen, J., at plea;  Laurie Peterson, J., at sentencing), rendered July 22, 2019, convicting defendant, upon his plea of guilty, of criminal possession of stolen property in the fourth degree, and sentencing him to a jail term of nine months, unanimously affirmed.

Defendant's waiver of indictment was valid.  Although the plea minutes are silent as to when defendant executed the written waiver, the record as a whole demonstrates that defendant signed it “in open court in the presence of his attorney” (CPL 195.20;  see People v. Mora, 227 A.D.3d 553, 209 N.Y.S.3d 422 [1st Dept. 2024], lv denied 42 N.Y.3d 929, 216 N.Y.S.3d 123, 240 N.E.3d 842 [2024]; 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];  People v. Moore, 137 A.D.3d 704, 27 N.Y.S.3d 380 [1st Dept. 2016], lv denied 27 N.Y.3d 1136, 39 N.Y.S.3d 118, 61 N.E.3d 517 [2016]).  The written waiver is dated the same day as the plea proceeding, and both defendant and defense counsel signed the document confirming that defendant signed it in open court in counsel's presence.  The court also signed and approved the waiver, stating that it was “satisfied that the waiver complies with [CPL] 195.10 and 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. Mora, 227 A.D.3d at 553, 209 N.Y.S.3d 422).  Thus, the record is sufficient to establish that defendant's waiver of indictment satisfied CPL 195.20.