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People v. Lawrence

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 16, 2000
273 A.D.2d 805 (N.Y. App. Div. 2000)

Opinion

June 16, 2000.

Appeal from Judgment of Ontario County Court, Harvey, J. — Grand Larceny, 4th Degree.

PRESENT: PIGOTT, JR., P. J., HAYES, WISNER AND KEHOE, JJ.


Judgment unanimously affirmed. Memorandum: An issue concerning the interpretation or application of a criminal statute or a challenge to the legal sufficiency of the factual allegations of an indictment does not survive a defendant's plea of guilty ( see, People v. Levin, 57 N.Y.2d 1008, 1009, rearg denied 58 N.Y.2d 824; People v. Thomas, 53 N.Y.2d 338, 340, 343-345). A guilty plea also forecloses any challenge to the legal sufficiency of the evidence before the Grand Jury ( see, People v. Simms, 269 A.D.2d 788 [decided Feb. 16, 2000]; People v. Buthy, 85 A.D.2d 890). Defendant's contention that the evidence before the Grand Jury was legally insufficient to establish larceny by extortion therefore is not properly before us ( see, Penal Law § 155.40; § 155.05 [2] [e]). The sentence is not unduly harsh or severe.


Summaries of

People v. Lawrence

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 16, 2000
273 A.D.2d 805 (N.Y. App. Div. 2000)
Case details for

People v. Lawrence

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. JEFFREY…

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

Date published: Jun 16, 2000

Citations

273 A.D.2d 805 (N.Y. App. Div. 2000)
710 N.Y.S.2d 262

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