People v. Hanely

Lynn W.L. Fahey, New York, N.Y., for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and William H. Branigan of counsel; Andrew Dykens on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Chin Brandt, J.), rendered July 14, 2011, convicting him of assault in the second*871degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, his waiver of indictment was valid ( see N.Y. Const., art. I, § 6; CPL 195.10, 195.20; People v. Pierce, 14 N.Y.3d 564, 567–568, 904 N.Y.S.2d 255, 930 N.E.2d 176;People v. Gramola, 102 A.D.3d 810, 810, 957 N.Y.S.2d 893,lv. denied20 N.Y.3d 1099, 965 N.Y.S.2d 795, 988 N.E.2d 533). Therefore, the defendant was properly prosecuted by Superior Court Information.

BALKIN, J.P., HALL, LOTT and MILLER, JJ., concur.