People v. Young

APPELLATE DIVISION
THIRD DEPARTMENT
Criminal Practice

New York Law Journal

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Justice Edward Spain

Young appealed from a judgment convicting him upon a guilty plea of first degree robbery. He also waived his right to appeal his conviction and sentence. Yet, upon being sentenced, Young appealed arguing the indictment was jurisdictionally defective as it did not include his name in the body of each count of the joint indictment. The court stated as Young failed to raise this claim in his pretrial motion to dismiss, it was a waivable defect that was not preserved for appellate review. Young claimed this jurisdictional defect may be raised for the first time on appeal and was not waived by a guilty plea or appeal waiver. The court disagreed, noting the indictment here satisfied the requirements of Criminal Procedure Law §200.50 as to form and content. It stated the CPL did not require a defendant's individual name be set forth in each count of the indictment where his name was included in the title and it was clear the count alleged Young's commission of the specified crime. The court noted prosecutors were not required to specify in an indictment if Young was charged as a principal or an accomplice, stating the distinction was "academic" for charging purposes. Thus, the judgment was affirmed.

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