Legal Opinion
People v. Gilbert
Appellate Division of the Supreme Court of the State of New York
Decided September 27, 1988PublishedCited by 5 opinions
1Opinion of the Court
Judgment unanimously affirmed. Memorandum:. Defendant waived any claim that he did not receive proper notice of the Grand Jury proceedings when he failed to move for dismissal of the indictment within five days of arraignment (CPL 190.50 [5] [c]; People v LaBounty, 127 AD2d 989; People v Reddy, 108 AD2d 945). Moreover, defendant forfeited his right to appellate review of that issue by pleading guilty (People v Ferrara, 99 AD2d 257).
We reject the claim that defense counsel was ineffective because he failed to move to dismiss the indictment upon the ground of improper notice. Defendant was not…
2Cases cited4 opinions
- People v. FerraraAppellate Division of the Supreme Court of the State of New York · 1984
- People v. ReddyAppellate Division of the Supreme Court of the State of New York · 1985
- People v. TorrenceAppellate Division of the Supreme Court of the State of New York · 1987
- People v. LaBountyAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by5 opinions
- People v. DupontAppellate Division of the Supreme Court of the State of New York · 2000
- People v. HamiltonAppellate Division of the Supreme Court of the State of New York · 1990
- People v. SumpterAppellate Division of the Supreme Court of the State of New York · 1991
- People v. KellerAppellate Division of the Supreme Court of the State of New York · 1995
- People v. YamagataAppellate Division of the Supreme Court of the State of New York · 1994