Opinion
February 1, 1994
Appeal from the Supreme Court, New York County (Murray Mogel, J.).
Defendant's sentence is not unduly harsh. Defendant, a predicate felon with a long criminal history, was charged with 11 counts under 3 indictments stemming from 3 distinct and separate criminal incidents. The court was lenient in permitting defendant to plead guilty in satisfaction of all three indictments and imposing concurrent prison terms for all but 2 of the sentences. Even then, the consecutive sentences were imposed only after defendant's failure to heed the court's warning to stay out of trouble and continuing criminal ways resulted in the deaths of 2 persons.
By validly pleading guilty to a lesser charge under the indictment, defendant waived his right to challenge the sufficiency of the Grand Jury evidence (People v. Kazmarick, 52 N.Y.2d 322, 326; People v. O'Neal, 44 A.D.2d 830).
Concur — Murphy, P.J., Carro, Wallach and Ross, JJ.