Legal Opinion

People v. Smith

Appellate Division of the Supreme Court of the State of New York

Decided April 24, 2000PublishedCited by 2 opinions

1Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Westchester County (West, J.), rendered March 3, 1998, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s plea of guilty resulted in the forfeiture of his right to appellate review of that branch of his omnibus motion which was to dismiss the indictment based upon an alleged *704violation of CPL 30.30 (see, People v O’Brien, 56 NY2d 1009; People v Suarez, 55 NY2d 940). Review of that issue is also precluded…

2Cases cited7 opinions

  1. People v. TaranovichNew York Court of Appeals · 1975
  2. People v. O'BrienNew York Court of Appeals · 1982
  3. People v. SuarezNew York Court of Appeals · 1982
  4. People v. AllahAppellate Division of the Supreme Court of the State of New York · 1994
  5. People v. GrandberryAppellate Division of the Supreme Court of the State of New York · 1996

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Smith v. HerbertDistrict Court, E.D. New York · 2003
  2. People v. CurrasAppellate Division of the Supreme Court of the State of New York · 2003

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