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People v. Gastin

Appellate Division of the Supreme Court of New York, Second Department
Jun 23, 1986
121 A.D.2d 656 (N.Y. App. Div. 1986)

Opinion

June 23, 1986

Appeal from the County Court, Dutchess County (King, J.).


Judgment affirmed.

By his plea of guilty, the defendant has forfeited the right to appellate review of any nonjurisdictional defects in the proceedings (see, People v. Fernandez, 67 N.Y.2d 686). The court's Sandoval ruling and the sufficiency of the evidence before the Grand Jury are thus not properly presented for review, as they do not fall into the same category as a challenge to the court's jurisdiction (see, People v. Pelchat, 62 N.Y.2d 97, 108; People v Dunbar, 53 N.Y.2d 868; People v. Kazmarick, 52 N.Y.2d 322; People v. Thomas, 74 A.D.2d 317, 321, affd 53 N.Y.2d 338; People v Zangrillo, 105 A.D.2d 822).

In any event, the defendant's contentions are without merit. Gibbons, J.P., Brown, Weinstein and Kooper, JJ., concur.


Summaries of

People v. Gastin

Appellate Division of the Supreme Court of New York, Second Department
Jun 23, 1986
121 A.D.2d 656 (N.Y. App. Div. 1986)
Case details for

People v. Gastin

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL VINCENT GASTIN…

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

Date published: Jun 23, 1986

Citations

121 A.D.2d 656 (N.Y. App. Div. 1986)

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