People v. Gesualdi

• Decision Date: 23 February 1998
• Citation: 247 A.D.2d 629,668 N.Y.S.2d 487
• Parties: 1998 N.Y. Slip Op. 1658 The PEOPLE, etc., Respondent, v. John GESUALDI, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 487

668 N.Y.S.2d 487

1998 N.Y. Slip Op. 1658

The PEOPLE, etc., Respondent, v. John GESUALDI, Appellant.

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

Feb. 23, 1998.

Anthony V. Lombardino, Richmond Hill, for appellant.

Denis Dillon, District Attorney, Mineola (Peter A. Weinstein and Robert A. Schwartz, of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Nassau County (Honorof, J.), rendered January 21, 1997, convicting him of attempted criminal sale of marihuana in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant, by his plea of guilty, forfeited his right to challenge the geographic jurisdiction of Nassau County to prosecute the charged offense (see, People v. Torres, 194 A.D.2d 815, 599 N.Y.S.2d 1014; People v. Ianniello, 156 A.D.2d 469, 471, 548 N.Y.S.2d 755; People v. Rivera, 156 A.D.2d 177, 548 N.Y.S.2d 439). In any event, the County Court properly determined that Nassau County was a proper venue for the prosecution of this matter (see, CPL 20.60[1]; People v. Muniz, 215 A.D.2d 881, 627 N.Y.S.2d 115).

O'BRIEN, J.P., and KRAUSMAN, FLORIO and McGINITY, JJ., concur.