Opinion
01-25-2017
The PEOPLE, etc., respondent, v. Jonathan HIGGS, appellant.
Carol Kahn, New York, N.Y., for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Carol Kahn, New York, N.Y., for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Everett, J.), rendered October 21, 2015, convicting him of criminal possession of a controlled substance in the third degree and assault in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
On this appeal, the defendant challenges the sufficiency of the evidence and instructions before the grand jury. Review of these claims, which are not addressed to any jurisdictional defect, is foreclosed by the defendant's knowing and voluntary waiver of his right to appeal (see People v. Guerrero, 28 N.Y.3d 110, 116–117, 42 N.Y.S.3d 80, 65 N.E.3d 51 ). In any event, by pleading guilty, the defendant forfeited those claims (see id. at 117, 42 N.Y.S.3d 80, 65 N.E.3d 51 ; People v. Konieczny, 2 N.Y.3d 569, 574, 780 N.Y.S.2d 546, 813 N.E.2d 626 ; People v. Magnotta, 137 A.D.3d 1303, 1304, 27 N.Y.S.3d 403 ; People v. Key, 90 A.D.3d 677, 677, 933 N.Y.S.2d 900 ; People v. Butler, 198 A.D.2d 427, 428, 605 N.Y.S.2d 915 ).
BALKIN, J.P., CHAMBERS, ROMAN, DUFFY and BARROS, JJ., concur.