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People v. Lynch

Appellate Division of the Supreme Court of New York, Second Department
Dec 20, 1999
267 A.D.2d 405 (N.Y. App. Div. 1999)

Opinion

Argued November 17, 1999

December 20, 1999

Appeals by the defendant from (1) a judgment of the County Court, Suffolk County (Cacciabaudo, J.) rendered December 19, 1997, convicting him of sexual abuse in the first degree under Indictment No. 851/97, upon his plea of guilty, and imposing sentence, and (2) an amended judgment of the same court, also rendered December 19, 1997, convicting him of a violation of probation under Indictment No. 1813/92, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of sodomy in the second degree.

Laurice Firenze, Melville, N.Y., for appellant.

James M. Catterson, Jr., District Attorney, Riverhead, N.Y. (Brian T. Grauer of counsel), for respondent.

LAWRENCE J. BRACKEN, J.P., GABRIEL M. KRAUSMAN, LEO F. McGINITY, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the judgment and amended judgment are affirmed.

The defendant's plea of guilty constituted a forfeiture of his right to appellate review of his argument that Indictment No. 851/97 did not adequately specify the dates upon which he allegedly committed the various acts which formed the basis for his criminal liability (see, e.g., People v. Hunt, 148 A.D.2d 836 ;People v. Duboy, 150 A.D.2d 882, 884 ; People v. Gauthier, 246 A.D.2d 928; People v. Quattlebaum, 229 A.D.2d 729 ; People v. Wheeler, 176 A.D.2d 1133, 1134 ; People v. Zane, 152 A.D.2d 976 ). In any event, this argument is without merit.

The defendant's remaining contention of ineffective assistance of counsel is without merit.

BRACKEN, J.P., KRAUSMAN, McGINITY, and SCHMIDT, JJ., concur.


Summaries of

People v. Lynch

Appellate Division of the Supreme Court of New York, Second Department
Dec 20, 1999
267 A.D.2d 405 (N.Y. App. Div. 1999)
Case details for

People v. Lynch

Case Details

Full title:The PEOPLE, etc., respondent, v. THOMAS LYNCH, appellant. (Ind. Nos…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 20, 1999

Citations

267 A.D.2d 405 (N.Y. App. Div. 1999)
700 N.Y.S.2d 731

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