From Casetext: Smarter Legal Research

People v. Stewart

Appellate Division of the Supreme Court of New York, Second Department
Jul 21, 1986
122 A.D.2d 236 (N.Y. App. Div. 1986)

Opinion

July 21, 1986

Appeal from the County Court, Nassau County (Collins, J.).


Judgment affirmed.

By pleading guilty, the defendant has waived the right to appellate review of all nonjurisdictional defects concerning the Grand Jury proceedings as well as the deficiency in the indictment. While certain claims of constitutional dimension are not waived by a plea of guilty, neither claim raised by the defendant falls within this category (see, People v Taylor, 65 N.Y.2d 1; People v Levin, 57 N.Y.2d 1008). The defendant also failed to preserve the issue of the sufficiency of his plea allocution (see, People v Pellegrino, 60 N.Y.2d 636). In any event, the allocution was factually sufficient (see, People v Demonde, 111 A.D.2d 867; People v Boyle, 111 A.D.2d 826). Mangano, J.P., Gibbons, Weinstein, Eiber and Spatt, JJ., concur.


Summaries of

People v. Stewart

Appellate Division of the Supreme Court of New York, Second Department
Jul 21, 1986
122 A.D.2d 236 (N.Y. App. Div. 1986)
Case details for

People v. Stewart

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. L.C. STEWART, Appellant

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

Date published: Jul 21, 1986

Citations

122 A.D.2d 236 (N.Y. App. Div. 1986)

Citing Cases

People v. Peterson

Ordered that the judgment is affirmed. The defendant's claim that the prosecutor improperly instructed the…

People v. Martin

The defendant claims that he was deprived of the effective assistance of counsel due to the potential…