Legal Opinion

People v. Gagliano

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

Decided October 13, 1987PublishedCited by 2 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Nassau County (Harrington, J.), rendered June 13, 1985, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

By pleading guilty, the defendant waived his claim with respect to the denial of his motion to dismiss the indictment based upon factually insufficient evidence (see, People v Di Raffaele, 55 NY2d 234; CPL 210.30 [6]).

The defendant did not assert his objections to the adequacy of the plea allocution in the court of first instance and therefore…

2Cases cited5 opinions

  1. People v. HarrisNew York Court of Appeals · 1983
  2. People v. PellegrinoNew York Court of Appeals · 1983
  3. People v. Di RaffaeleNew York Court of Appeals · 1982
  4. People v. WarrenNew York Court of Appeals · 1979
  5. People v. SantiagoAppellate Division of the Supreme Court of the State of New York · 1984

3Cited by2 opinions

  1. People v. McAllisterAppellate Division of the Supreme Court of the State of New York · 1988
  2. People v. BrunoAppellate Division of the Supreme Court of the State of New York · 2000

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