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People v. Pollay

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 23, 1988
145 A.D.2d 972 (N.Y. App. Div. 1988)

Opinion

December 23, 1988

Appeal from the Wayne County Court, Parenti, J.

Present — Dillon, P.J., Denman, Balio, Lawton and Davis, JJ.


Judgment unanimously affirmed. Memorandum: Defendant entered a plea of guilty to custodial interference in the second degree in full satisfaction of an indictment charging him with three counts of custodial interference in the first degree. On appeal, he seeks reversal on the ground that the indictment is jurisdictionally defective. We disagree. Each count of the indictment contains specific reference by name and section to the statute allegedly violated and alleges the commission of every element of that crime. Accordingly, it fulfilled the jurisdictional requirements for an indictment (see, People v Motley, 69 N.Y.2d 870; People v Cohen, 52 N.Y.2d 584; People v Iannone, 45 N.Y.2d 589, 599). By entering a plea of guilty, defendant forfeited his right to appellate review of claims concerning the lack of factual detail in the indictment or the proper interpretation or application of the statute allegedly violated (see, People v Levin, 57 N.Y.2d 1008, 1009, rearg denied 58 N.Y.2d 824; People v Thomas, 53 N.Y.2d 338, 340; People v Botshon, 135 A.D.2d 1107, 1109, affd 73 N.Y.2d 732).


Summaries of

People v. Pollay

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 23, 1988
145 A.D.2d 972 (N.Y. App. Div. 1988)
Case details for

People v. Pollay

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRY L. POLLAY…

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

Date published: Dec 23, 1988

Citations

145 A.D.2d 972 (N.Y. App. Div. 1988)

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