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People v. Howe

Court of Appeals of the State of New York
Apr 6, 1982
56 N.Y.2d 622 (N.Y. 1982)

Opinion

Decided April 6, 1982

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, WILLIAM J. BURKE, J.

Richard A. Hennessy, Jr., District Attorney ( John A. Cirando of counsel), for appellant.

George T. Dunn for respondent.


On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [b]), order reversed, judgment of conviction reinstated and case remitted to the Appellate Division, Fourth Department. That court may, in the exercise of its exclusive interests of justice review power, consider any other fact questions concerning the plea, if any (CPL 470.25, subd 2, par [d]; 470.40, subd 2, par [b]). By his plea of guilty defendant forfeited his claim to dismissal of the indictment pursuant to CPL 30.30 ( People v Friscia, 51 N.Y.2d 845). The Appellate Division determination that defendant reserved his CPL 30.30 claim is not supported by the record. We note that any attempt to do so would have been ineffectual (cf. People v Thomas, 74 A.D.2d 317, affd 53 N.Y.2d 338).

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.


Summaries of

People v. Howe

Court of Appeals of the State of New York
Apr 6, 1982
56 N.Y.2d 622 (N.Y. 1982)
Case details for

People v. Howe

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DANIEL M. HOWE…

Court:Court of Appeals of the State of New York

Date published: Apr 6, 1982

Citations

56 N.Y.2d 622 (N.Y. 1982)
450 N.Y.S.2d 477
435 N.E.2d 1092

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