People v. Fernandez
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
*688A guilty plea generally results in a forfeiture of the right to appellate review of any nonjurisdictional defects in the proceedings (People v Prescott, 66 NY2d 216, 220). CPL 710.70 (2) carves out a limited exception providing that an order finally denying a motion to suppress evidence may be reviewed on appeal from a final judgment of conviction, even one entered upon a guilty plea. That exception is unavailable to this defendant, who pleaded guilty before obtaining such an order. That he may have believed…
2Cases cited3 opinions
- People v. PrescottNew York Court of Appeals · 1985
- People v. CharlestonNew York Court of Appeals · 1981
- People v. MackNew York Court of Appeals · 1981
3Cited by212 opinions
- People v. KoniecznyNew York Court of Appeals · 2004
- People v. ElmerNew York Court of Appeals · 2012
- People v. TrombleyAppellate Division of the Supreme Court of the State of New York · 2012
- The People v. Lerio GuerreroNew York Court of Appeals · 2016
- People v. MotleyNew York Court of Appeals · 1987
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