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People v. Zangrillo

Appellate Division of the Supreme Court of New York, Second Department
Nov 19, 1984
105 A.D.2d 822 (N.Y. App. Div. 1984)

Opinion

November 19, 1984

Appeal from the County Court, Nassau County (Delin, J.).


Judgment affirmed.

With few exceptions, not here relevant, a plea of guilty waives all antecedent nonjurisdictional defects in a criminal proceeding ( People v Manzo, 99 A.D.2d 817). Thus, "only those issues fully disclosed in the record which relate either to the exercise of jurisdiction by the court or to the voluntary and knowing nature of the plea are appealable after a plea of guilty" ( People v Thomas, 74 A.D.2d 317, 319-320, aff'd. 53 N.Y.2d 338). The issues raised by the defendant pertaining to the Grand Jury proceedings, and an alleged Sandoval error, do not relate to the court's jurisdiction (cf. People v Iannone, 45 N.Y.2d 589, 600-601), nor do they relate to the voluntariness of the plea itself (see People v Harris, 61 N.Y.2d 9). As such, the issues raised herein do not survive the defendant's counseled plea of guilty and are not reviewable on appeal (see People v Corti, 88 A.D.2d 345).

In any event, were we to review the issues presented, we would conclude that they are without merit. Mollen, P.J., Titone, Thompson and Weinstein, JJ., concur.


Summaries of

People v. Zangrillo

Appellate Division of the Supreme Court of New York, Second Department
Nov 19, 1984
105 A.D.2d 822 (N.Y. App. Div. 1984)
Case details for

People v. Zangrillo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH ZANGRILLO…

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

Date published: Nov 19, 1984

Citations

105 A.D.2d 822 (N.Y. App. Div. 1984)

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