Opinion
1016 KA 18-02268
11-20-2020
The PEOPLE of the State of New York, Respondent, v. Michael J. HILL, Defendant-Appellant.
KATHLEEN E. CASEY, BARKER, FOR DEFENDANT-APPELLANT. CAROLINE A. WOJTASZEK, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR RESPONDENT.
KATHLEEN E. CASEY, BARKER, FOR DEFENDANT-APPELLANT.
CAROLINE A. WOJTASZEK, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR RESPONDENT.
PRESENT: CENTRA, J.P., LINDLEY, NEMOYER, TROUTMAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of assault in the second degree ( Penal Law § 120.05 [2] ). We affirm.
Most of defendant's contentions are forfeited by his guilty plea. First, defendant's Brady claim is forfeited by his guilty plea because the alleged Brady material was disclosed before the plea (cf. People v. Wilson , 159 A.D.3d 1600, 1601, 72 N.Y.S.3d 748 [4th Dept. 2018] ; People v. DeLaRosa , 48 A.D.3d 1098, 1098-1099, 851 N.Y.S.2d 775 [4th Dept. 2008], lv denied 10 N.Y.3d 861, 860 N.Y.S.2d 488, 890 N.E.2d 251 [2008] ). Second, defendant's related contention that the alleged Brady material was subject to disclosure under CPL former 240.20 (1) (d) is also forfeited by the guilty plea (see People v. Salters , 187 A.D.3d 1677, 1677, 133 N.Y.S.3d 171, 2020 N.Y. Slip Op. 05662, *1 [4th Dept. 2020] ). Third, by pleading guilty, defendant forfeited his contention that the first and second counts of the indictment are multiplicitous (see People v. Cole , 118 A.D.3d 1098, 1099-1100, 987 N.Y.S.2d 247 [3d Dept. 2014] ; People v. Nichols , 32 A.D.3d 1316, 1317, 821 N.Y.S.2d 534 [4th Dept. 2006], lv denied 8 N.Y.3d 848, 830 N.Y.S.2d 707, 862 N.E.2d 799 [2007], reconsideration denied 8 N.Y.3d 988, 838 N.Y.S.2d 492, 869 N.E.2d 668 [2007] ). Fourth, by pleading guilty, defendant forfeited his challenge to the legal sufficiency of the evidence before the grand jury (see People v. Hansen , 95 N.Y.2d 227, 233, 715 N.Y.S.2d 369, 738 N.E.2d 773 [2000] ; People v. Fioretti , 155 A.D.3d 1662, 1664, 65 N.Y.S.3d 376 [4th Dept. 2017], lv denied 30 N.Y.3d 1104, 77 N.Y.S.3d 3, 101 N.E.3d 389 [2018] ). Fifth, by pleading guilty, defendant "forfeited review of his claim that the prosecutor's conduct before the [g]rand [j]ury impaired its integrity" ( People v. Bowen , 122 A.D.2d 64, 64, 504 N.Y.S.2d 480 [2d Dept. 1986] ; see People v. Manragh , 32 N.Y.3d 1101, 1102-1103, 90 N.Y.S.3d 623, 114 N.E.3d 1076 [2018] ; Hansen , 95 N.Y.2d at 230-233, 715 N.Y.S.2d 369, 738 N.E.2d 773 ).
Defendant's remaining contention does not require reversal or modification of the judgment.