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THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff,<BR> v. <BR>JORGE LEBRON and CLARA TORRES, Defendants.

"An indictment is filed in contemplation of law when it is returned into open court, presented to the court, and deposited with the clerk to be kept with the papers in the case." (See, 41 Am Jur 2d, Indictments and Informations, § 33 [1995]; CPL 190.65 [3].) In the instant case, as was previously indicated, the People filed a certificate of indictment, indicating that an indictment had been voted, but not yet filed. Under such circumstances, trial jurisdiction had not yet attached in superior court, and the criminal court retained jurisdiction until such time as the indictment was physically received by the superior court. The defendants' motion for release pursuant to CPL 180.80 on the ground that the certificate of Grand Jury action was a nullity, due to lack of geographical jurisdiction, was also rejected.[3] This motion would require the court to review the merits of the Grand Jury presentation to determine if geographical jurisdiction was established. However, only a superior court has jurisdiction over Grand Jury proceedings. (CPL 10.20 [2].) [1] CPL 170.20 (2) provides in pertinent part: "At any time before entry of a plea of guilty to or commencement of a trial of an accusatory instrument specified in subdivision one, the district attorney may apply for an adjournment of the proceedings in the local criminal court upon the ground that he intends to present the misdemeanor charge in question to a grand jury with a view to prosecuting it by indictment in a superior court * * * (a) If such charge is presented to a grand jury within the designated period and either an indictment or a dismissal results, the local criminal court is divested of jurisdiction of such charge, and all proceedings in the local criminal court with respect thereto are terminated." [2] A criminal court has "trial jurisdiction" of an offense when an indictment or an information charging such offense may properly be filed with such court, and when such court has authority to accept a plea to, try or otherwise finally dispose of such accusatory instrument. (CPL 1.20 [24].) A criminal court has "preliminary jurisdiction" of an offense when, regardless of whether it has trial jurisdiction thereof, a criminal action for such offense may be commenced therein, and when such court may conduct proceedings with respect thereto which lead or may lead to prosecution and final disposition of the action in a court having trial jurisdiction thereof. (CPL 1.20 [25].) [3] Although the felony complaint alleged that the crimes occurred in Queens County, it is not contested that the felony complaint was properly filed with the Kings County Criminal Court. (CPL 100.55 [2].) The People contended that particular-effect jurisdiction in Kings County was found by the Grand Jury. (CPL 20.40 [2] [c].)

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People v. Lebron
(Nov 3, 1999)