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People v. Nitzke

Appellate Division of the Supreme Court of New York, Third Department
Jul 13, 1989
152 A.D.2d 815 (N.Y. App. Div. 1989)

Opinion

July 13, 1989

Appeal from the County Court of Madison County (Humphreys, J.).


By pleading guilty to burglary in the third degree and petit larceny, the crimes for which he was indicted, defendant waived any right to appellate review of his contentions that County Court erred in denying his motion to dismiss the indictment in furtherance of justice pursuant to CPL 210.40 (1) (c) (see, People v Persico, 131 A.D.2d 603, lv denied 70 N.Y.2d 716) and in resolving his Sandoval motion (see, People v Emerson, 141 A.D.2d 924). Since there is no suggestion that the plea was in any way improper, the judgment must be affirmed.

Judgment affirmed. Mahoney, P.J., Kane, Yesawich, Jr., Levine and Mercure, JJ., concur.


Summaries of

People v. Nitzke

Appellate Division of the Supreme Court of New York, Third Department
Jul 13, 1989
152 A.D.2d 815 (N.Y. App. Div. 1989)
Case details for

People v. Nitzke

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS J. NITZKE…

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

Date published: Jul 13, 1989

Citations

152 A.D.2d 815 (N.Y. App. Div. 1989)
543 N.Y.S.2d 763

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