Opinion
November 16, 1994
Appeal from the Ontario County Court, Sirkin, J.
Present — Green, J.P., Lawton, Fallon, Doerr and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of assault in the second degree. He contends that he was deprived of his due process rights when County Court, in denying his motion to dismiss the indictment on grounds of legal insufficiency, referred to a different defendant. Defendant incorrectly characterizes his contention as one raising an argument of constitutional dimension. It is more appropriately characterized as one challenging the sufficiency of the evidence before the Grand Jury, and, as such, was waived by his guilty plea (see, People v. Pucak, 187 A.D.2d 934, lv denied 81 N.Y.2d 793; People v. Kenny, 168 A.D.2d 958, lv denied 77 N.Y.2d 997). Moreover, contrary to the contention of defendant, the record does not establish that his guilty plea was the result of the court's denial of his motion to dismiss the indictment on sufficiency grounds.
Finally, the court did not err either in accepting defendant's guilty plea or in denying the motion of defendant to withdraw his guilty plea.