People v. Harris

• Decision Date: 18 February 1986
• Citation: 498 N.Y.S.2d 475,117 A.D.2d 752
• Parties: The PEOPLE, etc., Respondent, v. John HARRIS, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 475

498 N.Y.S.2d 475

117 A.D.2d 752

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

Supreme Court, Appellate Division, Second Department.

Feb. 18, 1986.

Christine Morehouse, Brooklyn, for appellant.

Elizabeth Holtzman, Dist. Atty., Brooklyn (Barbara D. Underwood, Brian D. Foley and Richard J. Cutler, of counsel), for respondent.

Before BRACKEN, J.P., and LAWRENCE, EIBER and KOOPER, JJ.

MEMORANDUM BY THE COURT.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Donnelly, J.), rendered October 16, 1979, convicting him of attempted murder in the second degree, upon his plea of guilty, and imposing sentence.

Judgment affirmed.

The defendant, by pleading guilty, waived any challenge to the amendment to the indictment herein (see, People v. Lawrence, 99 A.D.2d 557, 470 N.Y.S.2d 938; People v. Dowdell, 72 A.D.2d 622, 420 N.Y.S.2d 780). Moreover, we find the defendant's constitutional double jeopardy claim to be without merit (see, People v. Ercole, 4 N.Y.2d 617, 176 N.Y.S.2d 649, 152 N.E.2d 77, rearg. dismissed 5 N.Y.2d 983, 1041, 184 N.Y.S.2d 848, 157 N.E.2d 722).