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People v. Fitzgerald

Appellate Division of the Supreme Court of New York, Second Department
Mar 25, 1991
171 A.D.2d 878 (N.Y. App. Div. 1991)

Opinion

March 25, 1991

Appeal from the County Court, Westchester County (Lange, J.).


Ordered that the judgment is affirmed.

The defendant's challenge to the sufficiency of the bill of particulars provided by the People, raised for the first time on appeal, is unpreserved for appellate review (see, People v Lopez, 71 N.Y.2d 662, 665). Further, the defendant forfeited his right to seek appellate review of that claim by his plea of guilty (see, People v Fernandez, 67 N.Y.2d 686, 688; People v Iannone, 45 N.Y.2d 589, 601-602).

Finally, we have considered the contentions addressed in the defendant's letter, attached to the brief of his appellate counsel, and find them to be without merit. Thompson, J.P., Rosenblatt, Miller and Ritter, JJ., concur.


Summaries of

People v. Fitzgerald

Appellate Division of the Supreme Court of New York, Second Department
Mar 25, 1991
171 A.D.2d 878 (N.Y. App. Div. 1991)
Case details for

People v. Fitzgerald

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID FITZGERALD…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 25, 1991

Citations

171 A.D.2d 878 (N.Y. App. Div. 1991)
567 N.Y.S.2d 805

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