People v. Gross

Appellate Division of the Supreme Court of New York

People v. Gross

163 A.D.2d 886, 559 N.Y.S.2d 831, 1990 N.Y. App. Div. LEXIS 9595

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 13, 1990

StatusPublished

This text of 163 A.D.2d 886 (People v. Gross) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Gross, 163 A.D.2d 886, 559 N.Y.S.2d 831, 1990 N.Y. App. Div. LEXIS 9595 (N.Y. Ct. App. 1990).

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Opinion

Judgment unanimously affirmed. Memorandum: Defendant waived prosecution by indictment, consented to be prosecuted by a superior court information charging him with burglary in the second degree, and pleaded guilty to that charge. The court subsequently granted defendant’s application to withdraw his plea, but denied his request to withdraw the waiver of indictment. Defendant, after further plea negotiations, again pleaded [887]*887guilty. On this appeal, he contends that he was denied due process by the court’s refusal to permit withdrawal of the waiver of indictment. Defendant, by pleading guilty, forfeited appellate review of that issue (see, People v Stewart, 122 AD2d 236; People v Ferrara, 99 AD2d 257, 259). (Appeal from judgment of Wyoming County Court, Dadd, J.—burglary, second degree.) Present—Dillon, P. J., Callahan, Green, Balio and Lowery, JJ.

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Judgment unanimously affirmed. Memorandum: Defendant waived prosecution by indictment, consented to be prosecuted by a superior court information charging him with burglary in the second degree, and pleaded guilty to that charge. The court subsequently granted defendant’s application to withdraw his plea, but denied his request to withdraw the waiver of indictment. Defendant, after further plea negotiations, again pleaded [887]*887guilty. On this appeal, he contends that he was denied due process by the court’s refusal to permit withdrawal of the waiver of indictment. Defendant, by pleading guilty, forfeited appellate review of that issue (see, People v Stewart, 122 AD2d 236; People v Ferrara, 99 AD2d 257, 259). (Appeal from judgment of Wyoming County Court, Dadd, J.—burglary, second degree.) Present—Dillon, P. J., Callahan, Green, Balio and Lowery, JJ.

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Bluebook (online)

163 A.D.2d 886, 559 N.Y.S.2d 831, 1990 N.Y. App. Div. LEXIS 9595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gross-nyappdiv-1990.

Opinion

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