Hevesi SCI & Waiver - Final

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    SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - XTHE PEOPLE OF THE STATE OF NEW YORK :

    :-against- ::

    ALAN G. HEVESI, :Defendant. :

    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X

    SUPERIOR COURTINFORMATION #

    SUPERIOR COURT INFORMATION,

    ORDER, AND WAIVER

    Penal Law ' 200.25

    ANDREW M. CUOMOAttorney GeneralState of New York 120 Broadway

    New York, NY 10271

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    SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - XTHE PEOPLE OF THE STATE OF NEW YORK :

    :-against- :

    :ALAN G. HEVESI, :

    Defendant. :- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X

    SUPERIOR COURTINFORMATION #

    I, ANDREW M. CUOMO, ATTORNEY GENERAL OF THE STATE OF NEW YORK,

    by this Superior Court Information, accuse the Defendant of the crime of:

    RECEIVING REWARD FOR OFFICIAL MISCONDUCT IN THE SECOND DEGREE

    in violation of Penal Law 200.25, committed as follows:

    From in or about January 2003 through in or about August 2006, in the County of New

    York and elsewhere, the defendant, his agents, accomplices and co-conspirators, solicited,

    accepted and agreed to accept any benefit from another person for having violated his duty as a

    public servant.

    . ANDREW M. CUOMOAttorney General of theState of New York

    By: _____________________________ Ellen Nachtigall BibenSpecial Deputy Attorney GeneralFor Public Integrity

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    SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - XTHE PEOPLE OF THE STATE OF NEW YORK :

    :-against- :

    :ALAN G. HEVESI, :

    Defendant. :- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X

    SUPERIOR COURTINFORMATION #

    WAIVER OF INDICTMENT AND

    ORDER PURSUANT TO CPL ARTICLE 195.00

    Defendant hereby waives indictment and consents to be prosecuted by a Superior CourtInformation charging the offenses of violation of Penal Law ' 200.25, a class E felony. A copyof that Superior Court Information is attached hereto and is a part of this waiver.

    Defendant, ALAN G. HEVESI, is aware of the following:

    (a) Under the Constitution of the State of New York, the defendant has the right to be prosecuted by Indictment filed by Grand Jury;

    (b) Defendant waives such right and consents to be prosecuted by Superior Court

    Information to be filed by Attorney General Andrew Cuomo;

    (c) The Superior Court Information to be filed by the Attorney General will chargethe offense named in this written waiver; and

    (d) The Superior Court Information to be filed by the Attorney General will have thesame force and effect as an Indictment filed by a Grand Jury.

    Signed in open court, and in the presence of my attorney,

    _____________________________________ Alan G. Hevesi, Defendant

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    I have explained this waiver to Defendant, who has signed it in open court, and in my presence.

    _____________________________________ Bradley D. Simon, Esq.Attorney for Defendant

    I, the Attorney General of the State of New York, hereby consent to this waiver.

    ANDREW M. CUOMOAttorney GeneralState of New York

    By: _____________________________________ Ellen Nachtigall BibenSpecial Deputy Attorney GeneralFor Public Integrity

    This Court being satisfied that this waiver complies with the provisions of CPL '' 195.10 and 195.20, it is ORDERED that this waiver is approved.

    Dated: New York, New York October __, 2010

    _____________________________________ Justice of the Supreme Court