Opinion
June 26, 1995
Appeal from the Supreme Court, Kings County (R. Goldberg, J.).
Ordered that the judgment is affirmed.
The defendant's claim that the prosecutor improperly instructed the Grand Jury is not jurisdictional in nature and, thus, has been forfeited by operation of law upon the entry of the defendant's plea of guilty (see, People v. Gerber, 182 A.D.2d 252, 261; People v. Martin, 145 A.D.2d 440; People v. Stewart, 122 A.D.2d 236). In addition, this claim was expressly waived as part of the plea agreement that the defendant negotiated with the People (see, People v. Callahan, 80 N.Y.2d 273; People v Seaberg, 74 N.Y.2d 1).
Having pleaded guilty with the understanding that he would receive the sentence that was actually imposed, the defendant has no basis to contend that his sentence is excessive (see, People v. Williams, 189 A.D.2d 910). Thompson, J.P., Pizzuto, Santucci and Florio, JJ., concur.