People v. Bennett

201 A.D.2d 440, 608 N.Y.S.2d 166, 1994 N.Y. App. Div. LEXIS 1552

Opinion

Judgment, Supreme Court, New York County (Budd G. Goodman, J.), rendered July 17, 1992, convicting defendant, upon his guilty plea, of unlawful practice of medicine without a license, and sentencing him to a term of probation of 5 years, unanimously affirmed.

The indictment was not required to allege the inapplicability of any exemptions from the licensing requirement (People v Devinny, 227 NY 397, 400-401), and, in any event, the indictment specifically alleged that defendant performed duties as a hospital resident "for which a license is required”. As for defendant’s claim that he was, indeed, exempt from the licensing requirement, "[a]ny issue concerning the proper interpretation or application of the statute was forfeited by the guilty plea” (People v Levin, 57 NY2d 1008, 1009). Concur —Rosenberger, J. P., Ross, Asch, Rubin and Williams, JJ.