Opinion
2000-10230
Submitted October 15, 2002.
November 4, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Silverman, J.), rendered November 2, 2000, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, upon his plea of guilty, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel), for respondent.
Before: DAVID S. RITTER, J.P., ANITA R. FLORIO, SONDRA MILLER, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contentions, his plea of guilty was knowing, intelligent, and voluntary (see People v. Harris, 61 N.Y.2d 9). By pleading guilty, the defendant forfeited judicial review of the nonjurisdictional issues raised in his motion to dismiss the indictment due to alleged prosecutorial misconduct before the Grand Jury (see People v. Hansen, 95 N.Y.2d 227; People v. Williams, 291 A.D.2d 347, lv denied 98 N.Y.2d 682; People v. Davis, 289 A.D.2d 1069; People v. Gerber, 182 A.D.2d 252), "and the court was under no obligation to specifically advise [the] defendant of that consequence of his plea" (People v. Mobayed, 234 A.D.2d 48).
The defendant's remaining contentions are without merit.
RITTER, J.P., FLORIO, S. MILLER and H. MILLER, JJ., concur.