Appellate Division, Second Department · October 28, 2026 · 2026 NY Slip Op 06329
People v Reed
Read the official decision: 2026 NY Slip Op 06329
Holding The Superior Court Information was jurisdictionally defective and a nullity because the defendant’s waiver of indictment occurred after a grand jury had already returned an indictment covering the same criminal transaction. Consequently, the conviction based on the defective information was reversed and the information was dismissed.
The court’s words
the SCI was a nullity, and the defendant's conviction under the SCI must be reversed and the SCI dismissed
2026 NY Slip Op 06329, at the official text
A felony complaint alleged that the defendant committed attempted assault in the first degree, attempted assault in the second degree, and criminal facilitation in the fourth degree
2026 NY Slip Op 06329, at the official text
the defendant's waiver of indictment and consent to be prosecuted by SCI occurred after an indictment covering the same criminal transaction had been returned by a grand jury
2026 NY Slip Op 06329, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 28, 2026 |
| Citation | 2026 NY Slip Op 06329 |
| Area of law | Criminal Procedure |
| Week | Week ending October 31, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06329 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1608 |
| Related records | People v Reed, 2026 NY Slip Op 05685 |
Recommended citation
ESQ HQ, New York Law Watch, People v Reed, 2026 NY Slip Op 06329 (Appellate Division, Second Department, October 28, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06329/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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