He was also convicted on July 21, 1994, pursuant to his guilty plea, on a separate indictment from the conviction at issue here. See People v. Mobayed, 650 N.Y.S.2d 675 (App. Div. 1996) (affirming the conviction). The Court received the instant petition on October 26, 2009. Petitioner challenges his July 11, 1994 sentence on the ground that it was improperly enhanced on the basis of his 1987 conviction.
ORDERED that the judgment is affirmed. Contrary to the defendant's contentions, his plea of guilty was knowing, intelligent, and voluntary (see People v. Harris, 61 N.Y.2d 9). By pleading guilty, the defendant forfeited judicial review of the nonjurisdictional issues raised in his motion to dismiss the indictment due to alleged prosecutorial misconduct before the Grand Jury (see People v. Hansen, 95 N.Y.2d 227; People v. Williams, 291 A.D.2d 347, lv denied 98 N.Y.2d 682; People v. Davis, 289 A.D.2d 1069; People v. Gerber, 182 A.D.2d 252), "and the court was under no obligation to specifically advise [the] defendant of that consequence of his plea" (People v. Mobayed, 234 A.D.2d 48). The defendant's remaining contentions are without merit.
Appeal from the Supreme Court, New York County (Herbert Altman, J., at CPL 190.50 hearing; Paul Bookson, J., at plea and sentencing; William Wetzel, J., at resentencing). Defendants' guilty plea forecloses appellate review of his claim that he was deprived of his right to testify before the Grand Jury ( People v. Mobayed, 234 A.D.2d 48; People v. McConville, 188 A.D.2d 358, lv denied 81 N.Y.2d 843). In any event, we find that the record supports the hearing court's determination that defendant had consented to the withdrawal of his request to testify.