Magee v. County Court, 54 N.Y.2d 104 (1981)
Once a grand jury indicts a defendant, a lower court is divested of jurisdiction, and a defendant is not entitled to a preliminary hearing for discovery purposes after indictment.
Summary
Magee was indicted for burglary, attempted rape, sexual abuse, and assault. After indictment, he moved for a preliminary hearing, alleging the District Attorney improperly presented the charges to the Grand Jury after a hearing was scheduled in Town Court but not held. The County Court granted the motion, directing the Town Court to conduct the hearing. The Court of Appeals held that the County Court exceeded its jurisdiction by ordering a preliminary hearing after the indictment, as the Town Court lacked jurisdiction once the Grand Jury acted. A preliminary hearing after an indictment serves no legal purpose other than potential discovery, which is not a right guaranteed to the defendant.
Facts
Kevin Magee was indicted on charges of first-degree burglary, first-degree attempted rape, first-degree sexual abuse, and third-degree assault.
A preliminary hearing had been scheduled in Town Court before the indictment.
Magee waived his appearance at the preliminary hearing, and the Town Court confirmed his right to do so.
The District Attorney then presented the charges to a Grand Jury, which indicted Magee, before the preliminary hearing occurred.
Procedural History
After indictment, Magee moved in County Court for an order compelling the District Attorney to conduct the preliminary hearing.
The County Court granted Magee’s motion and stayed all further proceedings until the Town Court conducted the preliminary hearing.
The Appellate Division reversed the County Court’s order.
The New York Court of Appeals reversed the Appellate Division, holding that the preliminary hearing was required.
Issue(s)
Whether a County Court can compel a Town Court to conduct a preliminary hearing after the defendant has been indicted by a Grand Jury.
Holding
No, because once the Grand Jury acts and issues an indictment, the Town Court is divested of jurisdiction.
Court’s Reasoning
The Court reasoned that the purpose of a preliminary hearing is to determine if there is reasonable cause to hold the defendant for the action of the Grand Jury. Once the Grand Jury has acted and issued an indictment, the Town Court loses jurisdiction over the matter. The Court emphasized that there is no constitutional or statutory right to a preliminary hearing, and it is not a jurisdictional predicate to indictment. The District Attorney has the right to submit charges to a Grand Jury, superseding the Town Court’s jurisdiction, and the Grand Jury is not bound by anything occurring before the magistrate. The Court noted that the defendant’s argument rested on the idea that he was entitled to a hearing for discovery purposes, but New York law does not recognize a general right to discover the identity of prosecution witnesses or the substance of their testimony pretrial. The Court stated, “Once the Grand Jury acts the Town Court is divested of jurisdiction (CPL 180.80, subd 2). The District Attorney has a clear legal right to submit the charges to a Grand Jury and he may do so without filing a felony complaint or before or after a preliminary hearing if a felony complaint is filed.”