People v. Hinestrosa

Decision Date09 June 1986
Citation121 A.D.2d 469,503 N.Y.S.2d 155
PartiesThe PEOPLE, etc., Respondent, v. Edwardo HINESTROSA, Appellant.
CourtNew York Supreme Court — Appellate Division

John F. Clennan, Centereach, for appellant.

Denis Dillon, Dist. Atty., Mineola (Anthony J. Girese and Denise Parillo, of counsel), for respondent.

Before MANGANO, J.P., and GIBBONS, KOOPER and SPATT, JJ.

MEMORANDUM BY THE COURT.

Appeal by the defendant from a judgment of the County Court, Nassau County (Plumadore, J.), rendered July 7, 1981, convicting him of criminal sale of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence.

Judgment affirmed.

By his plea of guilty, the defendant forfeited his right to challenge the geographical jurisdiction of Nassau County to prosecute the instant indictment (see, e.g., People v. Amato, 101 A.D.2d 890, 476 N.Y.S.2d 179). In any event, it appears from the record that Nassau County's assertion of jurisdiction was proper (see, CPL 20.40[1][a] ).

We have considered the defendant's other contentions and find them to be either unpreserved or without merit.

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5 cases
  • People v. Ianniello
    • United States
    • New York Supreme Court — Appellate Division
    • December 11, 1989
    ...of the defendant's challenge to the court's geographical jurisdiction was forfeited by his plea of guilty (see, People v. Hinestrosa, 121 A.D.2d 469, 503 N.Y.S.2d 155; People v. Amato, 101 A.D.2d 890, 476 N.Y.S.2d Finally, we find no basis for appellate modification of the sentence (see, Pe......
  • People v. Holt
    • United States
    • New York Supreme Court — Appellate Division
    • June 9, 1986
  • People v. Rivera
    • United States
    • New York Supreme Court — Appellate Division
    • December 7, 1989
    ...pleading guilty, defendant has forfeited his right to challenge the geographic jurisdiction of New York County. (See, People v. Hinestrosa, 121 A.D.2d 469, 503 N.Y.S.2d 155.) Were we to reach this issue in the interest of justice, we would affirm, as we do with respect to the ex post facto ......
  • People v. Pickens
    • United States
    • New York Supreme Court — Appellate Division
    • December 14, 1998
    ...487; People v. Torres, 194 A.D.2d 815, 599 N.Y.S.2d 1014; People v. Ianniello, 156 A.D.2d 469, 548 N.Y.S.2d 755; People v. Hinestrosa, 121 A.D.2d 469, 503 N.Y.S.2d 155). ...
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