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

QUESTIONS PRESENTED | co 7 (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 ' yaises 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 . oo . 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? Se 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? | . Je : : : . ; : .