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People v. Gross

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 13, 1990
163 A.D.2d 886 (N.Y. App. Div. 1990)

Opinion

July 13, 1990

Appeal from the Wyoming County Court, Dadd, J.

Present — Dillon, P.J., Callahan, Green, Balio and Lowery, JJ.


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 guilty. 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 A.D.2d 236; People v. Ferrara, 99 A.D.2d 257, 259).


Summaries of

People v. Gross

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 13, 1990
163 A.D.2d 886 (N.Y. App. Div. 1990)
Case details for

People v. Gross

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH GROSS…

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

Date published: Jul 13, 1990

Citations

163 A.D.2d 886 (N.Y. App. Div. 1990)