Legal Opinion

People v. Cortes

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

Decided October 25, 2007PublishedCited by 1 opinion

1Opinion of the Court

Judgment, Supreme Court, New York County (Micki A. Scherer, J.), rendered July 27, 2005, convicting defendant, upon his plea of guilty, of reckless endangerment in the first degree, and sentencing him to a term of five years’ probation, unanimously affirmed.

By pleading guilty, defendant forfeited his right to appellate review of the court’s denial of his CPL 210.40 motion to dismiss the indictment in furtherance of justice (People v Arvelo, 16 AD3d 128 [2005], lv denied 4 NY3d 883 [2005]). Defendant’s valid waiver of the right to appeal also forecloses review of this argument (see People v…

2Cases cited2 opinions

  1. People v. SeabergNew York Court of Appeals · 1989
  2. People v. ArveloAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by1 opinion

  1. People v. AvelarAppellate Division of the Supreme Court of the State of New York · 2011

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