People v. Fernandez

Citation67 N.Y.2d 686,490 N.E.2d 838,499 N.Y.S.2d 919
Parties, 490 N.E.2d 838 The PEOPLE of the State of New York, Respondent, v. Frank FERNANDEZ, Appellant.
Decision Date06 February 1986
CourtNew York Court of Appeals Court of Appeals
OPINION OF THE COURT MEMORANDUM.

The order of the Appellate Division, 110 A.D.2d 657, 487 N.Y.S.2d 387, should be affirmed.

A guilty plea generally results in a forfeiture of the right to appellate review of any nonjurisdictional defects in the proceedings (People v. Prescott, 66 N.Y.2d 216, 220, 495 N.Y.S.2d 955, 486 N.E.2d 813). CPL 710.70(2) carves out a limited exception providing that an order finally denying a motion to suppress evidence may be reviewed on appeal from a final judgment of conviction, even one entered upon a guilty plea. That exception is unavailable to this defendant, who pleaded guilty before obtaining such an order. That he may have believed his plea would not result in such forfeiture is irrelevant, because, even if communicated to the court, a subjective belief cannot permit evasion of what otherwise would be the consequences of the plea (People v. Mack, 53 N.Y.2d 803, 806, 439 N.Y.S.2d 912, 422 N.E.2d 572). Moreover, by pleading guilty before the hearing on his suppression motion, defendant precluded the making of a record and, in consequence, foreclosed the possibility of appellate review of his challenge to the admissibility of the People's evidence (see, People v. Charleston, 54 N.Y.2d 622, 623, 442 N.Y.S.2d 493, 425 N.E.2d 881).

The conclusion of the lower courts that no reason existed for Criminal Term to have suspected defendant of being an incapacitated person and therefore to have directed an examination pursuant to CPL article 730 finds support in the record, and cannot be reviewed further. Defendant's remaining contention has not been preserved for our review.

WACHTLER, C.J., and MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JJ., concur.

Order affirmed in a memorandum.

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    • United States
    • U.S. District Court — Eastern District of New York
    • September 19, 2012
    ...plea." People v. Elmer, 19 N.Y.3d 501, 509, 950 N.Y.S.2d 77, 973 N.E.2d 172 (N.Y. 2012) (quoting People v. Fernandez, 67 N.Y.2d 686, 688, 499 N.Y.S.2d 919, 490 N.E.2d 838 (N.Y. 1986)); see also De Vonish v. Walsh, No. 08 Civ. 10845, 2011 WL 6224576, at * 2 (S.D.N.Y. Dec. 14, 2011). Since th......
  • People v. Thiam
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    • New York Court of Appeals Court of Appeals
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    ..." ( People v. Konieczny , 2 N.Y.3d 569, 572, 780 N.Y.S.2d 546, 813 N.E.2d 626 [2004], quoting People v. Fernandez , 67 N.Y.2d 686, 688, 499 N.Y.S.2d 919, 490 N.E.2d 838 [1986] ). Since a voluntary and knowing guilty plea generally "removes the issue of factual guilt from a case," issues tha......
  • People v. Kates
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    • New York Supreme Court — Appellate Division
    • June 15, 2018
    ...suppression issue on appeal inasmuch as he pleaded guilty before the court issued a ruling thereon (see People v. Fernandez, 67 N.Y.2d 686, 688, 499 N.Y.S.2d 919, 490 N.E.2d 838 [1986] ; People v. Russell, 128 A.D.3d 1383, 1384, 7 N.Y.S.3d 790 [4th Dept. 2015], lv denied 25 N.Y.3d 1207, 16 ......
  • People v. Dix
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    • March 15, 2019
    ...suppression issue on appeal inasmuch as he pleaded guilty before the court issued a ruling thereon (see People v. Fernandez, 67 N.Y.2d 686, 688, 499 N.Y.S.2d 919, 490 N.E.2d 838 [1986] ; People v. Rodgers, 162 A.D.3d 1500, 1501, 78 N.Y.S.3d 828 [4th Dept. 2018], lv denied 32 N.Y.3d 940, 84 ......
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