Opinion
June 3, 1985
Appeal from the County Court, Suffolk County (Sherman, J.).
Order reversed insofar as appealed from, on the law, defendant's motion insofar as it sought to vacate the judgment of conviction rendered November 16, 1983, denied, judgment reinstated, and matter remitted to the County Court, Suffolk Court, for further proceedings.
Defendant's argument that his judgment of conviction should be vacated because the larceny count of the indictment upon which his guilty plea was predicated was jurisdictionally defective is without merit ( see, People v. Levin, 57 N.Y.2d 1008, rearg or reconsideration denied 58 N.Y.2d 824; People v. Cohen, 52 N.Y.2d 584; People v. Iannone, 45 N.Y.2d 589). "The indictment charges the defendant with larceny in the language of the statute and thus cannot be said to be insufficient on its face ( People v Cohen, 52 N.Y.2d 584). Any issue concerning the proper interpretation or application of the statute was forfeited by the guilty plea" ( People v. Levin, supra, p 1009). Accordingly, it was error to vacate the judgment of conviction, pursuant to CPL 440.10 (1) (a), on the basis that the trial court did not have jurisdiction of the action.
Were we not reinstating the judgment of conviction, we would have reinstated those counts of the indictment charging defendant with the crime of offering a false instrument for filing in the first degree ( see, People v. Walsh, 108 A.D.2d 464). Weinstein, J.P., Rubin, Lawrence and Kunzeman, JJ., concur. [ 124 Misc.2d 131. ]