Legal Opinion

People v. Davis

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

Decided December 21, 2001PublishedCited by 3 opinions

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: The contention of defendant that the Grand Jury proceeding was defective does not survive his guilty plea. The alleged error was evidentiary, not jurisdictional (see, People v Hansen, 95 NY2d 227, 231; People v Robertson, 279 AD2d 711, 712-713, lv denied 96 NY2d 805). Furthermore, to the extent that defendant contends that the prosecutor engaged in misconduct during the Grand Jury proceeding, that contention also does not survive his guilty plea (see, People v Hansen, supra, at 231-232; People v Di Raffaele, 55 NY2d 234, 240; People v Emmi, 254 AD2d…

2Cases cited5 opinions

  1. People v. HidalgoNew York Court of Appeals · 1998
  2. People v. HansenNew York Court of Appeals · 2000
  3. People v. Di RaffaeleNew York Court of Appeals · 1982
  4. People v. RobertsonAppellate Division of the Supreme Court of the State of New York · 2001
  5. People v. EmmiAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by3 opinions

  1. People v. ScalercioAppellate Division of the Supreme Court of the State of New York · 2004
  2. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2002
  3. People v. MonacelliAppellate Division of the Supreme Court of the State of New York · 2002

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