Opinion
November 24, 1993
Appeal from the County Court of Rensselaer County (Ceresia, Jr., J.).
Defendant contends that County Court erred in permitting the indictment upon which defendant was arraigned to be amended by substituting defendant's name for one of the original "John Doe" defendants. According to defendant, the Grand Jury evidence was insufficient to establish the identity of the person to be charged with the particular crimes. Defendant's guilty plea is an admission of factual guilt (see, People v Thomas, 53 N.Y.2d 338) and precludes him from raising all issues related to his indictment, except jurisdictional ones (see, People v Hunt, 148 A.D.2d 836). Among the issues waived or forfeited by a guilty plea are challenges to the legal sufficiency of the Grand Jury evidence (see, CPL 210.30; People v Cohen, 52 N.Y.2d 584, 587), including those raising the issue of identity (see, People v Spears, 106 A.D.2d 417, 418). Defendant is therefore precluded from raising the issue which he seeks to raise on this appeal, and the judgment must be affirmed.
Crew III, J.P., Cardona, White and Mahoney, JJ., concur. Ordered that the judgment is affirmed.