People v. Faubert
Attorneys and Parties
Brief Summary
Criminal procedure—whether a defendant may waive indictment and be prosecuted by superior court information (SCI) when originally charged with a class A-1 felony under CPL 195.10 (1)(b) [permits waiver of indictment and consent to prosecution by SCI only when the defendant is not charged with a class A felony punishable by death or life imprisonment].
County Court accepted defendant’s waiver of indictment and plea to assault in the first degree pursuant to an SCI, accepted an appeal waiver, and imposed the negotiated sentence.
The judgment of conviction based on the guilty plea; the SCI was dismissed and the plea vacated.
Because defendant was held for grand jury action on kidnapping in the first degree (Penal Law § 135.25 [class A-1 felony of kidnapping in the first degree]), which is punishable by a life-maximum indeterminate sentence (Penal Law § 70.00 [2][a] [provides that class A-1 felonies are punishable by an indeterminate sentence with a mandatory maximum term of life imprisonment]), CPL 195.10 barred a waiver of indictment, rendering the SCI and resulting plea jurisdictionally defective.
Background
Defendant waived indictment while held on a felony complaint charging kidnapping in the first degree and assault in the first degree, consented to prosecution by superior court information (SCI), pleaded guilty to assault in the first degree under a negotiated agreement, agreed to waive her right to appeal, and was sentenced to 14 years’ imprisonment followed by 2.5 years of postrelease supervision (PRS).
Lower Court Decision
County Court (Franklin County) accepted the waiver of indictment and plea to assault in the first degree and imposed the negotiated sentence of 14 years’ imprisonment and 2.5 years of PRS, after also accepting an appeal waiver.
Appellate Division Reversal
The Appellate Division held the waiver of indictment invalid under CPL 195.10 because defendant was charged with a class A-1 felony punishable by life, making the SCI jurisdictionally defective. The court reversed the judgment, dismissed the SCI, vacated the plea, and remitted for further proceedings; remaining arguments were deemed academic.
Legal Significance
Reaffirms that defendants charged with a class A felony punishable by life cannot waive indictment and proceed by SCI; such a defect is jurisdictional, cannot be cured by a guilty plea or appeal waiver, and requires vacatur of the plea and dismissal of the SCI.
If a defendant is held for grand jury action on a class A-1 felony, CPL 195.10 forbids waiver of indictment and prosecution by SCI; any plea entered on that SCI is unauthorized and must be vacated, with the SCI dismissed.