New York Law Review

People v. D’Amico, 76 N.Y.2d 877 (1990): Validity of Waiver of Indictment After Initial Indictment on Related Charges

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People v. D’Amico, 76 N.Y.2d 877 (1990)

A defendant can waive indictment on a new charge contained in a felony complaint even after being initially indicted on related charges, as long as the waiver procedure’s statutory predicates are met.

Summary

D’Amico was initially indicted for murder and related charges. Subsequently, as part of a plea agreement, a felony complaint was filed charging him with first-degree criminal use of a firearm. D’Amico waived indictment and pleaded guilty to this new charge via a superior court information (SCI), and also pleaded guilty to manslaughter to cover the original indictment. He later sought to vacate his plea, arguing the waiver was invalid because he had already been indicted on related charges. The New York Court of Appeals held that the waiver was valid because it was based on a new felony complaint and met the statutory requirements for waiver, serving the purpose of a speedier disposition and avoiding unnecessary grand jury proceedings. The court distinguished this case from People v. Boston, where there was no new felony complaint.

Facts

Following an incident where D’Amico shot and killed one person and assaulted another, he was indicted for murder, attempted murder, assault, and weapons possession.
To facilitate a plea agreement, a felony complaint was filed, charging D’Amico with first-degree criminal use of a firearm related to the same incident.
D’Amico waived indictment on the firearm charge and consented to prosecution via a superior court information (SCI).
He then pleaded guilty to the SCI charge and to first-degree manslaughter, satisfying all counts in the original indictment.

Procedural History

D’Amico sought to vacate his plea to the SCI, arguing his waiver of indictment was invalid and the SCI was therefore jurisdictionally defective.
The Appellate Division affirmed the lower court’s denial of D’Amico’s motion to vacate.
The New York Court of Appeals affirmed the Appellate Division’s order.

Issue(s)

Whether a defendant who has already been indicted on certain charges can validly waive indictment on a new charge contained in a felony complaint arising from the same incident.

Holding

Yes, because the waiver procedure is triggered by the defendant being held for Grand Jury action on charges contained in a felony complaint, and the waiver serves the statutory purposes of speedier disposition and avoiding unnecessary Grand Jury proceedings. The filing of a felony complaint commences the criminal action (CPL 1.20 [16], [17]) and an order holding the defendant for Grand Jury action requires a judicial determination that probable cause exists to believe that the defendant committed a felony.

Court’s Reasoning

The court reasoned that CPL 195.10(1) allows a defendant to waive indictment when a local criminal court has held the defendant for Grand Jury action on a felony complaint. The fact that D’Amico had already been indicted on other charges (including a class A felony) did not preclude him from waiving indictment on the new firearm charge, a class B felony. The court distinguished this case from People v. Boston, 75 N.Y.2d 585, where the defendant purported to waive indictment without a felony complaint having been filed for the new charge. In D’Amico, the filing of the felony complaint and the court order holding D’Amico for Grand Jury action provided the explicit statutory predicate for a waiver that was lacking in Boston. The court emphasized that the waiver, by eliminating the need for a superseding indictment, served the statutory purposes identified in Boston:

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