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People v. Mathie

Appellate Division of the Supreme Court of New York, Second Department
Jun 7, 1993
194 A.D.2d 630 (N.Y. App. Div. 1993)

Opinion

June 7, 1993

Appeal from the County Court, Suffolk County (Cacciabaudo, J.).


Ordered that the judgment is affirmed.

The defendant contends that his plea of guilty must be vacated since he did not plead guilty to a crime charged in the indictment or to any lesser included offense. As the defendant did not object in a timely manner to the plea offer, his claim is not preserved for appellate review (see, People v. Pellegrino, 60 N.Y.2d 636; People v. Esposito, 157 A.D.2d 850, 850-851). Moreover, by pleading guilty, the defendant waived all nonjurisdictional defects in the plea proceedings. "`The law is well settled that, with few exceptions * * * "[a] guilty plea waives all nonjurisdictional defects in a criminal proceeding"'" (People v. Williams, 185 A.D.2d 260, 261, quoting from People v Manzo, 99 A.D.2d 817). Where as here, the defendant's claims on appeal relate neither to the court's jurisdiction nor to the voluntary and knowing nature of the plea, the error complained of is deemed waived (see, People v. Thomas, 74 A.D.2d 317, affd 53 N.Y.2d 338). A guilty plea "marks the end of a criminal case, not the gateway to further litigation" (People v. Taylor, 65 N.Y.2d 1, 5). In any event, since the plea was sought by the defendant and freely taken as part of a bargain which was struck for his benefit, it was not rendered invalid because of any alleged inconsistency with the crime charged (see, People v. Adams, 57 N.Y.2d 1035). Nor should it be vacated in the exercise of our interest of justice jurisdiction (see, People v. Liguori, 106 A.D.2d 404).

We have reviewed the defendant's remaining contentions and conclude that they are without merit. Bracken, J.P., Balletta, Eiber, O'Brien and Pizzuto, JJ., concur.


Summaries of

People v. Mathie

Appellate Division of the Supreme Court of New York, Second Department
Jun 7, 1993
194 A.D.2d 630 (N.Y. App. Div. 1993)
Case details for

People v. Mathie

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MAURICE MATHIE…

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

Date published: Jun 7, 1993

Citations

194 A.D.2d 630 (N.Y. App. Div. 1993)
599 N.Y.S.2d 43

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