Under NY law the. trial court's failure to adhere to procedural
requirements of the waiver of indictment process, constitutes a
mode of proceedings error that strips the trial court of it's
jurisdiction to enter a judgment of conviction / sentence a
criminal defendant. This case not only involves the question of
whether, the state trial court circumvented those! requisites, but
raises three important federal questions:

1). Was petitioner denied his constitutional right to effective
assistance of counsel on direct appeal in state court, based on
counsel's failure to assemble an accurate appeal record (that
included an unsigned waiver of indictment and not the waiver on
file in the trial court), which may have prevented meaningful /
accurate review of a mode of proceedings error?

2). Does the state's waiver of indictment process," which is
deemed a jurisdictional basis to try. and convict a criminal
defendant, implicate the constitutional right to due process?

3). Was the petitioner denied the constitutional right to due
process and or equal protection as a result of the state courts
failure to duly consider the merits of whether there was a mode
of proceedings error and a fraud upon the trial court proceeding
by ignoring his claims, with summary denials?

Whether the state trial court's failure to adhere to procedural requirements of the waiver of indictment process constitutes a mode of proceedings error that strips the trial court of jurisdiction