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People v. Bennett

Appellate Division of the Supreme Court of New York, Second Department
May 26, 1992
183 A.D.2d 905 (N.Y. App. Div. 1992)

Opinion

May 26, 1992

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


Ordered that the judgment is affirmed.

The indictment in the instant case, as amplified by the bill of particulars, is not jurisdictionally defective (see, People v Iannone, 45 N.Y.2d 589). Indeed, the defendant's arguments on the instant appeal are directed toward the "interpretation or application of the statute" defining the crime of which he was convicted (People v. Levin, 57 N.Y.2d 1008, 1009) and the sufficiency of the Grand Jury evidence. However, it is well settled that these issues are waived by a plea of guilty (see, People v. Shandler, 168 A.D.2d 648, affd 78 N.Y.2d 986; People v Thomas, 74 A.D.2d 317, 321, affd 53 N.Y.2d 338; People v. Levin, supra; People v. Ferrara, 99 A.D.2d 257, 259).

Accordingly, the judgment of conviction is affirmed (see, People v. Shandler, supra). Mangano, P.J., Sullivan, Harwood and O'Brien, JJ., concur.


Summaries of

People v. Bennett

Appellate Division of the Supreme Court of New York, Second Department
May 26, 1992
183 A.D.2d 905 (N.Y. App. Div. 1992)
Case details for

People v. Bennett

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHNNY BENNETT, Also…

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

Date published: May 26, 1992

Citations

183 A.D.2d 905 (N.Y. App. Div. 1992)

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