Opinion
2017–13235 S.C.I. No. 1088/16
02-17-2021
The PEOPLE, etc., respondent, v. Melvin AQUINO, appellant.
Janet E. Sabel, New York, N.Y. (Antonio Villaamil of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, N.Y. ( Johnnette Traill and Christopher J. Blira–Koessler of counsel; Justin Peralta on the brief), for respondent.
Janet E. Sabel, New York, N.Y. (Antonio Villaamil of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, N.Y. ( Johnnette Traill and Christopher J. Blira–Koessler of counsel; Justin Peralta on the brief), for respondent.
WILLIAM F. MASTRO, A.P.J., SYLVIA O. HINDS–RADIX, VALERIE BRATHWAITE NELSON, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Suzanne J. Melendez, J.), rendered May 4, 2017, convicting him of attempted burglary in the second degree and petit larceny, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant waived his right to be prosecuted by indictment and agreed to be prosecuted under a superior court information (hereinafter SCI) charging him with attempted burglary in the second degree and petit larceny. The defendant was convicted on both counts, upon his plea of guilty, and now appeals.
The defendant's contention that the written waiver of indictment failed to comply with Criminal Procedure Law § 195.20, in that it does not contain the "approximate time and place" of the offenses to be charged in the SCI, is forfeited by his plea of guilty ( see People v. Thomas, 34 N.Y.3d 545, 569, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Cruz, 186 A.D.3d 1393, 1393, 129 N.Y.S.3d 17 ; People v. King, 184 A.D.3d 909, 910, 123 N.Y.S.3d 556 ).
MASTRO, A.P.J., HINDS–RADIX, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.