People v. Sinistaj, 81 N.Y.2d 232 (1993)
A local criminal court is divested of jurisdiction over a misdemeanor charge when the charge is presented to a grand jury within a designated adjournment period, and either an indictment or dismissal results, which occurs when the indictment is filed with a superior court.
Summary
The New York Court of Appeals addressed the issue of when a criminal court is divested of jurisdiction under CPL 170.20(2)(a) when a case is presented to a grand jury. The defendant was arrested and charged with misdemeanors. The Assistant District Attorney (ADA) sought an adjournment to present the case to the Grand Jury, which voted to indict the defendant on felony charges before the adjourned date. On the adjourned date, the defendant pleaded guilty to the misdemeanor. The indictment was filed after the plea. The Court held that Criminal Court was divested of jurisdiction when the indictment resulted (filing), prior to the guilty plea.
Facts
Defendant was arrested on December 1, 1989, and charged with misdemeanor criminal trespass and criminal mischief.
On December 4, 1989, the ADA obtained an adjournment to December 8, 1989, to seek a felony indictment from the Grand Jury.
On December 7, 1989, the Grand Jury voted to indict defendant for second-degree burglary.
On December 8, 1989, defendant pleaded guilty to the misdemeanor trespass charge in Criminal Court, with the People’s consent.
On December 13, 1989, the burglary indictment was filed in Supreme Court.
Procedural History
Defendant was convicted of attempted burglary in the second degree in Supreme Court, Kings County, after his motion to dismiss the indictment on double jeopardy grounds was denied.
The New York Court of Appeals affirmed the conviction.
Issue(s)
Whether Criminal Court was divested of jurisdiction pursuant to CPL 170.20 when the ADA requested an adjournment to present the case to the Grand Jury, and an indictment resulted prior to the defendant’s guilty plea in Criminal Court.
Holding
Yes, because Criminal Court was divested of jurisdiction pursuant to CPL 170.20 when the indictment was filed, which occurred before the guilty plea. The Court interpreted the statute to mean that divestiture occurs when an indictment “results,” which is upon filing with the superior court.
Court’s Reasoning
The Court focused on interpreting CPL 170.20 (2) (a), which states that a local criminal court is divested of jurisdiction when a charge is presented to a grand jury within the designated period and either an indictment or dismissal of such charge results. The Court emphasized that the word “results” accommodates either an indictment or a dismissal. An indictment, as defined in the CPL 200.10, is “a written accusation by a grand jury, filed with a superior court.” The Court reasoned that an indictment “results” when it is filed, not merely when the grand jury votes to indict. The majority held that because the indictment was filed with the Supreme Court prior to the acceptance of the guilty plea in criminal court, that the criminal court lacked subject matter jurisdiction to accept the plea. Chief Judge Kaye dissented, arguing that Criminal Court jurisdiction is divested only when an indictment is filed, and the majority’s interpretation condones sloppy practice and enlarges the statutory definition of an indictment. She cited People v. Cade, 74 N.Y.2d 410, 416, noting that the case held there is no strict time limit for filing the indictment, but does not hold that an indictment is valid without being filed.