Legal Opinion

People v. Batista

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

Decided November 21, 2002PublishedCited by 6 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Charles Solomon, J.), rendered October 30, 1998, convicting defendant, upon his plea of guilty, of attempted burglary in the first degree, and sentencing him to a term of 3 to 6 years, unanimously affirmed.

By pleading guilty, defendant forfeited his right to challenge the propriety of the grand jury proceedings. The court’s alleged error in permitting a resubmission pursuant to CPL 190.75 (3) was not of a constitutional or jurisdictional nature. The question presented is whether the court improvidently exercised its discretion in granting leave to…

2Cases cited6 opinions

  1. People v. LopezNew York Court of Appeals · 1988
  2. People v. HansenNew York Court of Appeals · 2000
  3. People v. ToxeyNew York Court of Appeals · 1995
  4. People v. FetchoNew York Court of Appeals · 1998
  5. People v. RobinsonNew York Court of Appeals · 2002

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3Cited by6 opinions

  1. People v. ChinnAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. McCoyAppellate Division of the Supreme Court of the State of New York · 2012
  3. People v. GravesAppellate Division of the Supreme Court of the State of New York · 2022
  4. People v. GravesAppellate Division of the Supreme Court of the State of New York · 2022
  5. CHINN, SAM, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013

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