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People v. Higgs

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jan 25, 2017
2017 N.Y. Slip Op. 484 (N.Y. App. Div. 2017)

Opinion

2015-11437

01-25-2017

The People of the State of New York, respondent, v. Jonathan Higgs, appellant.

Carol Kahn, New York, NY, for appellant. William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.


CHERYL E. CHAMBERS SHERI S. ROMAN COLLEEN D. DUFFY BETSY BARROS, JJ. (Ind. No. 19/2015)

Carol Kahn, New York, NY, for appellant.

William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Dutchess County (Everett, J.), rendered October 21, 2015, convicting him of criminal possession of a controlled substance in the third degree and assault in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

On this appeal, the defendant challenges the sufficiency of the evidence and instructions before the grand jury. Review of these claims, which are not addressed to any jurisdictional defect, is foreclosed by the defendant's knowing and voluntary waiver of his right to appeal (see People v Guerrero, 28 NY3d 110, 116-117). In any event, by pleading guilty, the defendant forfeited those claims (see id. at 117; People v Konieczny, 2 NY3d 569, 574; People v Magnotta, 137 AD3d 1303, 1304; People v Key, 90 AD3d 677, 677; People v Butler, 198 AD2d 427, 428).

BALKIN, J.P., CHAMBERS, ROMAN, DUFFY and BARROS, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Higgs

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jan 25, 2017
2017 N.Y. Slip Op. 484 (N.Y. App. Div. 2017)
Case details for

People v. Higgs

Case Details

Full title:The People of the State of New York, respondent, v. Jonathan Higgs…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Jan 25, 2017

Citations

2017 N.Y. Slip Op. 484 (N.Y. App. Div. 2017)