People v. Lieberman

Silverman, J. (concurring).

We are all agreed that the judgment of conviction in this case should be affirmed whether or not the plea of guilty constituted a waiver of the statutory previous prosecution bar of CPL 40.20. I see no reason for us now to add this statutory bar to the category of defenses which are not waived by a plea of guilty and may be urged on appeal as a ground for reversing the judgment of conviction entered on such a plea.

The majority’s most appealing point to the contrary I think is that a defendant presenting such an issue should not be required to try his case, although…