People v. Nagle

Appellate Division of the Supreme Court of New York

People v. Nagle

308 A.D.2d 390, 764 N.Y.S.2d 625, 2003 N.Y. App. Div. LEXIS 9704

Appellate Division of the Supreme Court of the State of New York·Decided September 23, 2003·Published·Cited by 1 cases

Opinion

—Judgment, Supreme Court, New York County (Herbert Altman, J., on motions; Michael Obús, J., at plea and sentence), rendered July 30, 2001, convicting defendant of attempted computer trespass, and sentencing him to a conditional discharge with five days of community service and a $500 fine, unanimously affirmed.

Defendant’s claim that he was entitled to immunity from the use of certain evidence he furnished at the direction of his employer essentially constitutes a claim that his indictment was based on inadmissible evidence. Accordingly, his guilty plea forecloses review of this argument (see People v Hansen, 95 NY2d 227 [2000]).

The motion court properly denied defendant’s suppression motion without a hearing (see CPL 710.60 [3]; 60.45 [2]).

We have considered and rejected defendant’s remaining claims. Concur — Buckley, P.J., Nardelli, Tom, Mazzarelli and Gonzalez, JJ.

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—Judgment, Supreme Court, New York County (Herbert Altman, J., on motions; Michael Obús, J., at plea and sentence), rendered July 30, 2001, convicting defendant of attempted computer trespass, and sentencing him to a conditional discharge with five days of community service and a $500 fine, unanimously affirmed.

Defendant’s claim that he was entitled to immunity from the use of certain evidence he furnished at the direction of his employer essentially constitutes a claim that his indictment was based on inadmissible evidence. Accordingly, his guilty plea forecloses review of this argument (see People v Hansen, 95 NY2d 227 [2000]).

The motion court properly denied defendant’s suppression motion without a hearing (see CPL 710.60 [3]; 60.45 [2]).

We have considered and rejected defendant’s remaining claims. Concur — Buckley, P.J., Nardelli, Tom, Mazzarelli and Gonzalez, JJ.

People v. Nagle, 308 A.D.2d 390, 764 N.Y.S.2d 625, 2003 N.Y. App. Div. LEXIS 9704 (N.Y. Ct. App. 2003).

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Opinion

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