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People v. Hurley

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 1986
125 A.D.2d 409 (N.Y. App. Div. 1986)

Opinion

December 8, 1986

Appeal from the Supreme Court, Kings County (Lagana, J).


Ordered that the judgment is affirmed.

By failing to move to withdraw his plea prior to or at the time of sentencing, the defendant has not preserved his claim for appellate review (see, People v. Pellegrino, 60 N.Y.2d 636; People v. Santiago, 100 A.D.2d 857). In any event, it is clear that the defendant knowingly and voluntarily entered his guilty plea (see, People v. Harris, 61 N.Y.2d 9; People v. Nixon, 21 N.Y.2d 338).

Moreover, by pleading guilty before the hearing court made a determination regarding the defendant's motion to suppress, the defendant forfeited any right to appellate review of the denial of his motion (see, People v. Fernandez, 67 N.Y.2d 686). In any event, the motion to suppress was properly denied.

We have reviewed the defendant's remaining contentions and find them to be without merit. Mollen, P.J., Bracken, Lawrence and Kooper, JJ., concur.


Summaries of

People v. Hurley

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 1986
125 A.D.2d 409 (N.Y. App. Div. 1986)
Case details for

People v. Hurley

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES HURLEY, Appellant

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

Date published: Dec 8, 1986

Citations

125 A.D.2d 409 (N.Y. App. Div. 1986)

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