People v. Pucak

Judgment unanimously reversed on the law, plea vacated, motion granted in part and matter remitted to Niagara County Court for further proceedings on the indictment. Memorandum: By entering a plea of guilty, defendant waived his right to challenge the sufficiency of the evidence before the Grand Jury (see, People v Pelchat, 62 NY2d 97, 108; People v Kazmarick, 52 NY2d 322, 326; People v Del Carpio, 166 AD2d 605, lv denied 76 NY2d 1020). We reject defendant’s argument, based upon People v Dunn (59 AD2d 647), that the indictment was jurisdictionally defective. Unlike in Dunn (supra), County…