Opinion
17039 Ind. No. 1158/17 Case No. 2018-4652
01-10-2023
The PEOPLE of the State of New York, Respondent, v. Cory CURLEY, Defendant–Appellant.
Justine M. Luongo, The Legal Aid Society, New York (Heidi Bota of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Kerry Fulham of counsel), for respondent.
Justine M. Luongo, The Legal Aid Society, New York (Heidi Bota of counsel), for appellant.
Alvin L. Bragg, Jr., District Attorney, New York (Kerry Fulham of counsel), for respondent.
Acosta, P.J., Webber, Moulton, Shulman, Higgitt, JJ.
Judgment, Supreme Court, New York County (Curtis J. Farber, J.), rendered June 26, 2018, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him to five years’ probation, unanimously affirmed.
By pleading guilty, defendant forfeited his right to review of the court's denial of his CPL 210.40 motion to dismiss the indictment in furtherance of justice (see e. g. People v. Hernandez, 198 A.D.3d 545, 152 N.Y.S.3d 822 [1st Dept. 2021], lv denied 37 N.Y.3d 1161, 160 N.Y.S.3d 698, 181 N.E.3d 1126 [2022] ). There is nothing jurisdictional or fundamental (see People v. Hansen, 95 N.Y.2d 227, 230, 715 N.Y.S.2d 369, 738 N.E.2d 773 [2000] ) about a discretionary denial of such a motion. In any event, we find that the court providently exercised its discretion in declining to grant this "extraordinary remedy ..., which we have cautioned should be exercised sparingly" ( Hernandez, 198 A.D.3d at 545, 152 N.Y.S.3d 822 [citation omitted]).