Opinion
Appeal No. 15213 Ind No. 1442/13Case No. 2016-1977
02-03-2022
The People of the State of New York, Respondent, v. Angel Rosado, Defendant-Appellant. Appeal No. 15213 No. 2016-1977
Janet E. Sabel, The Legal Aid Society, New York (Laura Boyd of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Reva Grace Phillips of counsel), for respondent.
Janet E. Sabel, The Legal Aid Society, New York (Laura Boyd of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Reva Grace Phillips of counsel), for respondent.
Before: Kapnick, J.P., Mazzarelli, Gesmer, Kennedy, Pitt, JJ.
Judgment, Supreme Court, Bronx County (William I. Mogulescu, J.), rendered November 14, 2014, as amended November 20, 2014, convicting defendant, upon his plea of guilty, of robbery in the second degree, and sentencing him, as a second felony offender, to a term of five years, unanimously affirmed.
By pleading guilty, defendant forfeited his challenge to the grand jury instructions (see People v Rivera, 93 A.D.3d 409 [1st Dept 2012], lv denied 19 N.Y.3d 866 [2012]; People v Fatiu, 158 A.D.3d 890, 891 [3d Dept 2018]). Defendant's claim that the grand jury should have been instructed on the defense of justification did not survive the plea because the indictment was not jurisdictionally defective, and the alleged defect did not implicate the integrity of the grand jury proceeding (see People v Manragh, 32 N.Y.3d 1101, 1102-1103 [2018]; People v Hansen, 95 N.Y.2d 227, 230-231 [2000]; compare People v Pelchat, 62 N.Y.2d 97 [1984]). The cases cited by defendant regarding grand jury instructions on exculpatory defenses (see e.g. People v Valles, 62 N.Y.2d 36 [1984]) do not address forfeiture of the issue by guilty plea. In any event, there was no reasonable view of the grand jury evidence, including defendant's testimony, to support a justification charge.