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People v. Contestabile

Appellate Division of the Supreme Court of New York, Second Department
Mar 7, 1994
202 A.D.2d 442 (N.Y. App. Div. 1994)

Opinion

March 7, 1994

Appeal from the County Court, Orange County (Berry, J.).


Ordered that the judgment is affirmed, and the case is remitted to the County Court, Orange County, for further proceedings pursuant to CPL 460.50 (5).

Since the defendant pleaded guilty, he waived any claim regarding the sufficiency of the evidence before the Grand Jury (see, People v. Dunbar, 53 N.Y.2d 868; People v. Gerber, 182 A.D.2d 252, 261; People v. Hunt, 148 A.D.2d 836, after remand 162 A.D.2d 782, affd 78 N.Y.2d 932, cert denied ___ US ___, 112 S Ct 432). We reject the defendant's contention that the allegations supporting the charge in the indictment of criminally negligent homicide failed to adequately charge a criminal offense (see, People v. Duffy, 79 N.Y.2d 611; People v. Galle, 77 N.Y.2d 953; cf., People v. Case, 42 N.Y.2d 98). Sullivan, J.P., Pizzuto, Joy and Goldstein, JJ., concur.


Summaries of

People v. Contestabile

Appellate Division of the Supreme Court of New York, Second Department
Mar 7, 1994
202 A.D.2d 442 (N.Y. App. Div. 1994)
Case details for

People v. Contestabile

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT CONTESTABILE…

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

Date published: Mar 7, 1994

Citations

202 A.D.2d 442 (N.Y. App. Div. 1994)
608 N.Y.S.2d 512

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