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People v. Mitchell

Appellate Division of the Supreme Court of New York, Second Department
Jan 25, 1993
189 A.D.2d 900 (N.Y. App. Div. 1993)

Opinion

January 25, 1993

Appeal from the Supreme Court, Queens County (Golia, J.).


Ordered that the judgment is affirmed.

Because the defendant at no time moved in the Supreme Court pursuant to CPL 210.40 for dismissal of the indictment in the interest of justice, the issue is unpreserved for appellate review. In any event, even had the defendant moved for dismissal in the interest of justice before the Supreme Court, his plea of guilty would have operated as a forfeiture of his right to raise the issue on appeal (see, People v. Purcell, 161 A.D.2d 812).

We have reviewed the defendant's remaining contentions and conclude that they are unpreserved for appellate review (see, People v. Pellegrino, 60 N.Y.2d 636). Thompson, J.P., Balletta, Rosenblatt and Eiber, JJ., concur.


Summaries of

People v. Mitchell

Appellate Division of the Supreme Court of New York, Second Department
Jan 25, 1993
189 A.D.2d 900 (N.Y. App. Div. 1993)
Case details for

People v. Mitchell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN MITCHELL, JR.…

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

Date published: Jan 25, 1993

Citations

189 A.D.2d 900 (N.Y. App. Div. 1993)

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