People v. Johnson

Decision Date04 November 2002
PartiesTHE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>MONTE JOHNSON, Appellant.
CourtNew York Supreme Court — Appellate Division

Ritter, J.P., Florio, S. Miller and H. Miller, JJ., concur.

Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, his plea of guilty was knowing, intelligent, and voluntary (see People v Harris, 61 NY2d 9). By pleading guilty, the defendant forfeited judicial review of the nonjurisdictional issues raised in his motion to dismiss the indictment due to alleged prosecutorial misconduct before the grand jury (see People v Hansen, 95 NY2d 227; People v Williams, 291 AD2d 347, lv denied 98 NY2d 682; People v Davis, 289 AD2d 1069; People v Gerber, 182 AD2d 252), "and the court was under no obligation to specifically advise [the] defendant of that consequence of his plea" (People v Mobayed, 234 AD2d 48, 49).

The defendant's remaining contentions are without merit.

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    ...v. Nordahl, 46 A.D.3d 579, 580, 846 N.Y.S.2d 622; People v. Gerber, 182 A.D.2d 252, 262, 589 N.Y.S.2d 171; see also People v. Johnson, 299 A.D.2d 368, 369, 749 N.Y.S.2d 161; People v. Morgan, 209 A.D.2d 727, 619 N.Y.S.2d...
  • People v. Hollingsworth
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    • New York Supreme Court — Appellate Division
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