Opinion
December 12, 1989
Appeal from the Supreme Court, New York County (Dorothy Cropper, J.).
By pleading guilty prior to the determination of his defense counsel's, as well as his own pro se motion to examine the Grand Jury minutes to determine if the evidence presented to the Grand Jury was legally sufficient to establish the crimes charged, defendant forfeited appellate review of the sufficiency of the evidence before the Grand Jury. (See, People v Di Raffaele, 55 N.Y.2d 234, 240.)
Also, defendant's contention that the merger doctrine applies here as a bar to his kidnapping conviction has been waived by his valid guilty plea. (People v Plummer, 122 A.D.2d 285.)
Concur — Kupferman, J.P., Asch, Kassal, Wallach and Rubin, JJ.