Opinion
February 24, 1994
Appeal from the Supreme Court, New York County (Budd G. Goodman, J.).
The indictment was not required to allege the inapplicability of any exemptions from the licensing requirement (People v Devinny, 227 N.Y. 397, 400-401), and, in any event, the indictment specifically alleged that defendant performed duties as a hospital resident "for which a license is required". As for defendant's claim that he was, indeed, exempt from the licensing requirement, "[a]ny issue concerning the proper interpretation or application of the statute was forfeited by the guilty plea" (People v. Levin, 57 N.Y.2d 1008, 1009).
Concur — Rosenberger, J.P., Ross, Asch, Rubin and Williams, JJ.