People v. Kelly
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Orgera, J.), rendered October 29, 1991, convicting him of criminal possession of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
By pleading guilty the defendant forfeited the right to challenge the indictment as having been obtained in violation of his right to testify before the Grand Jury (see, People v Wallace, 188 AD2d 499; People v Smith, 168 AD2d 915; People v Ferrara, 99 AD2d 257; see also, People v Taylor, 65 NY2d 1, 5; People…
2Cases cited4 opinions
- People v. GerberAppellate Division of the Supreme Court of the State of New York · 1992
- People v. FerraraAppellate Division of the Supreme Court of the State of New York · 1984
- People v. WallaceAppellate Division of the Supreme Court of the State of New York · 1992
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by4 opinions
- People v. MorganAppellate Division of the Supreme Court of the State of New York · 1994
- People v. OrtizAppellate Division of the Supreme Court of the State of New York · 1995
- People v. GlaudelAppellate Division of the Supreme Court of the State of New York · 1997
- People v. CervinoAppellate Division of the Supreme Court of the State of New York · 1996