People v. Kelly

• Decision Date: 08 November 1993
• Citation: People v. Kelly, 604 N.Y.S.2d 821, 198 A.D.2d 305 (N.Y. App. Div. 1993)
• Parties: The PEOPLE, etc., Respondent, v. Michael KELLY, a/k/a Earl Frazier, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 821

604 N.Y.S.2d 821

198 A.D.2d 305

The PEOPLE, etc., Respondent, v.Michael KELLY, a/k/a Earl Frazier, Appellant.

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

Nov. 8, 1993.

J. Patrick DeLince, Fresh Meadows, for appellant.

Richard A. Brown, Dist. Atty., Kew Gardens (Steven J. Chananie, Gary Fidel, and Kiran K. Heer-Andrade, of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County(Orgera, J.), rendered October 29, 1991, convicting him of criminal possession of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

By pleading guilty the defendant forfeited the right to challenge the indictment as having been obtained in violation of his right to testify before the Grand Jury (see, People v. Wallace, 188 A.D.2d 499, 591 N.Y.S.2d 60;People v. Smith, 168 A.D.2d 915, 564 N.Y.S.2d 884;People v. Ferrara, 99 A.D.2d 257, 472 N.Y.S.2d 407;see also, People v. Taylor, 65 N.Y.2d 1, 5, 489 N.Y.S.2d 152, 478 N.E.2d 755;People v. Gerber, 182 A.D.2d 252, 589 N.Y.S.2d 171).

LAWRENCE, J.P., and EIBER, O'BRIEN and SANTUCCI, JJ., concur.