Opinion
July 3, 1990
Appeal from the Supreme Court, New York County (Jay Gold, J.).
Defendant's only point on appeal is that his plea of guilty should not have been accepted by the trial court without it first having decided his pro se motion to dismiss the indictment because of his attorney's failure to notify the District Attorney of his intent to appear before the Grand Jury and the District Attorney's failure to notify him of the Grand Jury proceeding. We disagree. A defendant who pleads guilty waives any nonjurisdictional claims that he might have asserted based upon events or circumstances prior to the plea (People v. Fernandez, 67 N.Y.2d 686). Indeed, such a waiver has been held effective specifically as against the right to testify before the Grand Jury (People v. Roberson, 149 A.D.2d 926; People v. Grey, 135 A.D.2d 1031; People v. Ferrara, 99 A.D.2d 257).
Concur — Kupferman, J.P., Milonas, Ellerin, Wallach and Rubin, JJ.