People v. Lewandowski
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of attempted burglary in the third degree (Penal Law §§ 110.00, 140.20), defendant contends that the photo array was unduly suggestive. Defendant “forfeited the right to raise [that contention on appeal] because he pleaded guilty before [County Court] issued its suppression ruling” (People v Fifield, 24 AD3d 1221, 1222 [2005], lv denied 6 NY3d 775 [2006]). In any event, defendant failed to preserve his contention for our review, and we decline to exercise our power to review that contention as a matter of discretion…
2Cases cited9 opinions
- People v. LopezNew York Court of Appeals · 1988
- People v. FordNew York Court of Appeals · 1995
- People v. WrightAppellate Division of the Supreme Court of the State of New York · 2009
- People v. GleenAppellate Division of the Supreme Court of the State of New York · 2010
- People v. GrimesAppellate Division of the Supreme Court of the State of New York · 2008
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3Cited by54 opinions
- People v. BrinsonAppellate Division of the Supreme Court of the State of New York · 2015
- People v. JacksonAppellate Division of the Supreme Court of the State of New York · 2011
- People v. ArneyAppellate Division of the Supreme Court of the State of New York · 2014
- People v. ButlerAppellate Division of the Supreme Court of the State of New York · 2012
- People v. PitcherAppellate Division of the Supreme Court of the State of New York · 2015
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