From Casetext: Smarter Legal Research

People v. Roberts

Appellate Division of the Supreme Court of New York, Second Department
Nov 22, 1993
198 A.D.2d 452 (N.Y. App. Div. 1993)

Opinion

November 22, 1993

Appeal from the County Court, Rockland County (Nelson, J.).


Ordered that the judgment is affirmed.

The defendant's speculative claims regarding possible bias which may have resulted from preindictment publicity surrounding the case are not jurisdictional in nature and thus were forfeited by his plea of guilty (see, People v Taylor, 65 N.Y.2d 1; People v Di Raffaele, 55 N.Y.2d 234; People v Gerber, 182 A.D.2d 252; People v Nelson, 173 A.D.2d 205; People v Martin, 145 A.D.2d 440; People v Bowen, 122 A.D.2d 64). In any event, the defendant has failed to make the requisite preliminary showing that he suffered actual prejudice due to media coverage (see, United States v Burke, 700 F.2d 70, cert denied 464 U.S. 816; United States v Myers, 510 F. Supp. 323; United States v Mandel, 415 F. Supp. 1033; People v King, 48 A.D.2d 457; People v Hussein, 150 Misc.2d 119), and our in camera review of the Grand Jury minutes reveals that the grand jurors were appropriately instructed on this issue and that no evidence of bias existed. Sullivan, J.P., Lawrence, O'Brien and Santucci, JJ., concur.


Summaries of

People v. Roberts

Appellate Division of the Supreme Court of New York, Second Department
Nov 22, 1993
198 A.D.2d 452 (N.Y. App. Div. 1993)
Case details for

People v. Roberts

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL ROBERTS…

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

Date published: Nov 22, 1993

Citations

198 A.D.2d 452 (N.Y. App. Div. 1993)
605 N.Y.S.2d 906

Citing Cases

People v. Chevalier

ntion that County Court erred in rejecting his postjudgment CPL article 440 motion is without merit. It is…