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People v. Persico

Appellate Division of the Supreme Court of New York, Second Department
Jun 8, 1987
131 A.D.2d 603 (N.Y. App. Div. 1987)

Opinion

June 8, 1987

Appeal from the County Court, Nassau County (Santagata, J.).


Ordered that the judgments are affirmed.

Having pleaded guilty, the defendant has forfeited any right to appellate review of the denial of his motion for a hearing pursuant to People v Isaacson ( 44 N.Y.2d 511, rearg denied 45 N.Y.2d 776) to determine whether the alleged misconduct of law enforcement officials violated his due process rights, which would mandate the dismissal of the indictment (see, People v Di Raffaele, 55 N.Y.2d 234, 240; People v Macy, 100 A.D.2d 557). In any event, the court properly denied the defendant's motion since the allegations of police misconduct would not warrant a dismissal on due process grounds. The conduct charged is not susceptible of being characterized as egregious and deprivative of the defendant's rights and it did not "manifest a disregard for cherished principles of law and order" (People v Isaacson, supra, at 521; see, People v Lerner, 122 A.D.2d 813, lv denied 68 N.Y.2d 1001). Mollen, P.J., Bracken, Niehoff and Lawrence, JJ., concur.


Summaries of

People v. Persico

Appellate Division of the Supreme Court of New York, Second Department
Jun 8, 1987
131 A.D.2d 603 (N.Y. App. Div. 1987)
Case details for

People v. Persico

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ADRIAN PERSICO, Also…

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

Date published: Jun 8, 1987

Citations

131 A.D.2d 603 (N.Y. App. Div. 1987)

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