Legal Opinion

People v. Fernandez

New York Court of Appeals

Decided February 6, 1986PublishedCited by 212 opinions

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

  1. People v. PrescottNew York Court of Appeals · 1985
  2. People v. CharlestonNew York Court of Appeals · 1981
  3. People v. MackNew York Court of Appeals · 1981

3Cited by212 opinions

  1. People v. KoniecznyNew York Court of Appeals · 2004
  2. People v. ElmerNew York Court of Appeals · 2012
  3. People v. TrombleyAppellate Division of the Supreme Court of the State of New York · 2012
  4. The People v. Lerio GuerreroNew York Court of Appeals · 2016
  5. People v. MotleyNew York Court of Appeals · 1987

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