Opinion
November 28, 1994
Appeal from the County Court, Orange County (Pano Z. Patsalos, J.).
Ordered that the judgment is affirmed.
By pleading guilty, the defendant forfeited his right to seek appellate review of any nonjurisdictional defects in the criminal proceeding (see, People v. Sebastian, 197 A.D.2d 647; People v Gerber, 182 A.D.2d 252), including his claims of preindictment prosecutorial misconduct (see, People v. Di Raffaele, 55 N.Y.2d 234; People v. Gerber, supra; People v. Nelson, 173 A.D.2d 205), as well as his claim that the People failed to provide him notice of the Grand Jury proceedings (see, People v. Kelly, 198 A.D.2d 305; People v. Roberts, 163 A.D.2d 68; People v. Roberson, 149 A.D.2d 926). There is no merit to the defendant's contention that the blood alcohol content test made more than two hours after the accident violated Vehicle and Traffic Law § 1194 in view of the fact that he voluntarily consented to the blood sample after having been advised of his driving while intoxicated and Miranda rights (see, People v. Mills, 124 A.D.2d 600; see also, People v. Stelmach, 191 A.D.2d 733; People v. Abel, 166 A.D.2d 841).
We have reviewed the sentence imposed and find it, under the circumstances, to be fair and appropriate (see, People v Suitte, 90 A.D.2d 80).
Finally, the defendant's remaining contentions have been considered and found to be without merit. Ritter, J.P., Santucci, Friedmann and Goldstein, JJ., concur.