In People v. D'Amico, (76 NY2d 877, 562 NE2d 488, 561 NYS2d 411 ), the Court addressed a case where the defendant waived a hearing on a felony complaint and then waived indictment.
The D'Amico defendant asserted in the Court of Appeals, for reasons not directly pertinent here, that the waiver of indictment had transgressed limitations of CPL article 195 in such a way as to undermine the authority of the grand jury.
In rejecting this argument, the Court emphasized as "not . . . insignificant" that the defendant had been held for the action of the grand jury prior to waiving indictment. (76 NY2d at 880.)
This was significant, the Court explained, because "an order holding a defendant for Grand Jury action requires a judicial determination that probable cause exists to believe that the defendant committed a felony." (Id.)