Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, Second DepartmentMay 22, 1989
541 N.Y.S.2d 595 (N.Y. App. Div. 1989)
541 N.Y.S.2d 595150 A.D.2d 726

May 22, 1989

Appeal from the County Court, Westchester County (Marlow, J.).

Ordered that the judgment is affirmed.

By his plea of guilty, the defendant waived the alleged failure to comply with Family Court Act § 812 (see, People v Mack, 53 N.Y.2d 803; People v Harris, 113 Misc.2d 46, 50; see also, CPL 530.11). Contrary to the defendant's contention on appeal, any defect in compliance with that statute does not constitute a nonwaivable jurisdictional infirmity (see, People v Mack, supra; Besharov, Practice Commentaries, McKinney's Cons Laws of NY, Book 29A, part I, Family Ct Act § 812, at 140-141). Because the defendant waived his statutory claim, we do not reach the merits of his contention that the indictment should be dismissed for failure to advise the complainant of her right of election pursuant to Family Court Act § 812 (2). Thompson, J.P., Brown, Rubin and Sullivan, JJ., concur.