People v. Deutchman

• Decision Date: 30 June 1997
• Citation: 660 N.Y.S.2d 992,240 A.D.2d 757
• Parties: The PEOPLE, etc., Respondent, v. Jay DEUTCHMAN, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 992

660 N.Y.S.2d 992

240 A.D.2d 757

The PEOPLE, etc., Respondent, v. Jay DEUTCHMAN, Appellant.

Supreme Court of New York, Appellate Division, Second Department.

June 30, 1997.

Alice A. Nicholson, New York City, for appellant.

Kevin L. Wright, District Attorney, Carmel (Mary Jane MacCrae, of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Putnam County (Braatz, J.), rendered February 21, 1996, convicting him of custodial interference in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Appellate review of the issues raised by the defendant was forfeited by virtue of his plea of guilty (see, People v. Levin, 57 N.Y.2d 1008, 457 N.Y.S.2d 472, 443 N.E.2d 946; People v. Dunbar, 53 N.Y.2d 868, 440 N.Y.S.2d 613, 423 N.E.2d 36). Nor can the conditional nature of the instant plea of guilty, entered on December 20, 1995, serve to preserve these issues for appellate review (see, People v. O'Brien, 84 A.D.2d 567, 443 N.Y.S.2d 255, affd. 56 N.Y.2d 1009, 453 N.Y.S.2d 638, 439 N.E.2d 354; People v. Di Donato, 87 N.Y.2d 992, 642 N.Y.S.2d 616, 665 N.E.2d 186).

SULLIVAN, J.P., and PIZZUTO, FRIEDMANN and KRAUSMAN, JJ., concur.