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People v. Pacheco

Appellate Division of the Supreme Court of New York, Second Department
Jul 10, 1989
152 A.D.2d 641 (N.Y. App. Div. 1989)

Opinion

July 10, 1989

Appeal from the Supreme Court, Kings County (Feldman, J.).


Ordered that the judgment is affirmed.

A defendant's claim that the courts lack the statutory or inherent power to vacate a guilty plea may be tested in a proceeding pursuant to CPLR article 78 in the nature of a writ of prohibition (Matter of Kisloff v Covington, 73 N.Y.2d 445). The defendant here did not seek to raise this contention by way of such a proceeding, but declined the offer to go to trial and reentered his guilty plea with the express understanding that he would receive a sentence of 3 to 9 years' imprisonment (cf., People v Daniels, 132 A.D.2d 667; People v Brunson, 131 A.D.2d 689).

"[A] plea of guilty generally precludes appellate review of nonjurisdictional defects in the proceedings" (People v Motley, 69 N.Y.2d 870, 871-872). Thus, by entering a guilty plea, a defendant forfeits his right to seek reversal of his conviction on a variety of grounds (see, People v Motley, supra [nonjurisdictional challenges to indictment precluded by the guilty plea]; People v Taylor, 65 N.Y.2d 1 [guilty plea results in forfeiture of a defendant's right to challenge identification testimony or the prosecution's failure to furnish notice of its intention to offer evidence of the defendant's statements at trial]; People v Coombs, 138 A.D.2d 619 [by pleading guilty the defendant forfeits any claim on the issue of his statutory right to a speedy trial]; People v Filomeno, 138 A.D.2d 734 [a defendant forfeits his right to challenge the factual basis for a guilty plea where he accepts a bargained-for plea to a lesser crime than that charged in the indictment]; People v Corti, 88 A.D.2d 345 [a defendant who enters a guilty plea prior to a decision on a suppression motion waives final determination of the motion]).

Similarly, in the instant case, the defendant's claim that the court improperly vacated his original guilty plea was forfeited when he pleaded guilty the second time.

We have considered the defendant's remaining contention and find it to be without merit. Brown, J.P., Kooper, Harwood and Rosenblatt, JJ., concur.


Summaries of

People v. Pacheco

Appellate Division of the Supreme Court of New York, Second Department
Jul 10, 1989
152 A.D.2d 641 (N.Y. App. Div. 1989)
Case details for

People v. Pacheco

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY PACHECO…

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

Date published: Jul 10, 1989

Citations

152 A.D.2d 641 (N.Y. App. Div. 1989)

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