People v. Perez

Summary

The Appellate Division, First Department unanimously reversed the defendant's burglary conviction, vacated his guilty plea, and remanded for further proceedings. The court held that the record did not establish compliance with the constitutional and statutory requirement that a waiver of indictment be signed by the defendant in open court in the presence of counsel, making the defect jurisdictional.

Holdings

1. The waiver of indictment was invalid because the record did not demonstrate that defendant signed the written waiver in open court in the presence of counsel as required by article I, § 6 of the New York Constitution and CPL 195.20.
2. The court declined to reach whether defendant's guilty plea was knowingly, intelligently, and voluntarily entered because reversal was required on the invalid-waiver-of-indictment ground.
3. Defendant's challenge to the final order of protection was moot because the conviction was vacated, but the order was directed to remain in force pending further proceedings.

Questions Presented

1. Whether defendant's waiver of indictment was valid under article I, § 6 of the New York Constitution and CPL 195.20 when the record did not demonstrate that he signed the written waiver in open court in the presence of counsel.
2. Whether defendant's guilty plea was knowingly, intelligently, and voluntarily entered.
3. Whether the trial court improperly issued a final order of protection.

Disposition

reversed_and_remanded