Opinion

People v. Brown

  • 156 A.D.2d 204
  • 548 N.Y.S.2d 464
  • 1989 N.Y. App. Div. LEXIS 15459
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Dec 12, 1989
Status
Published
Cited by
4 cases
Authority
More cited than 65.7%

The opinion

Judgment, Supreme Court, New York County (Dorothy Cropper, J.), rendered January 5, 1988, convicting defendant, upon his plea of guilty, of one count of kidnapping in the second degree and sentencing him to an indeterminate prison term of from 2 to 6 years, unanimously affirmed.

By pleading guilty prior to the determination of his defense counsel’s, as well as his own pro se motion to examine the Grand Jury minutes to determine if the evidence presented to the Grand Jury was legally sufficient to establish the crimes charged, defendant forfeited appellate review of the sufficiency of the evidence before the Grand Jury. (See, People v Di Raffaele, 55 NY2d 234, 240 .)

Also, defendant’s contention that the merger doctrine applies here as a bar to his kidnapping conviction has been waived by his valid guilty plea. (People v Plummer, 122 AD2d 285 .) Concur—Kupferman, J. P., Asch, Kassal, Wallach and Rubin, JJ.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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