People v. Quackenbush
| Decision Date | 15 December 1983 |
| Citation | 98 A.D.2d 875,470 N.Y.S.2d 855 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Lewis QUACKENBUSH, Appellant. |
| Court | New York Supreme Court — Appellate Division |
David M. Brockway, Elmira, for appellant.
James T. Hayden, Acting Dist. Atty., Elmira (Weeden A. Wetmore, Asst. Dist. Atty., Elmira, of counsel), for respondent.
Before SWEENEY, J.P., and KANE, CASEY, MIKOLL and WEISS, JJ.
Appeal from a judgment of the County Court of Chemung County, rendered June 11, 1982, convicting defendant upon his plea of guilty of the crimes of kidnapping in the second degree and rape in the first degree.
On November 4, 1979, while driving an automobile in the City of Elmira, Chemung County, defendant Lewis Quackenbush observed Debra Black, a college student, walking to her dormitory. Codefendant Milton Quackenbush approached the girl, put his arm around her, told her he had a gun and that she would not be hurt if she cooperated. Defendant drove the car to Pennsylvania where the victim was forcibly raped and sodomized. A Chemung County Grand Jury indicted defendant for the crimes of kidnapping in the second degree, rape in the first degree and sodomy in the first degree. Following an unsuccessful motion for dismissal of the kidnapping count based on the doctrine of merger, and for dismissal of the rape and sodomy counts for lack of geographical jurisdiction, defendant pleaded guilty to the kidnapping and rape counts in full satisfaction of the indictment. Pursuant to a plea bargain, he received concurrent prison sentences of 5 to 15 years on each count. Defendant has appealed.
Defendant initially contends the trial court erred in its refusal to dismiss the kidnapping charge on the ground that the doctrine of merger barred prosecution for that crime. The People correctly argue that defendant's plea of guilty waived any right to challenge this determination. A plea of guilty, voluntarily and knowingly made, waives all nonjurisdictional defects including those of constitutional dimension in the prior proceedings (People v. Best, 89 A.D.2d 1018, 454 N.Y.S.2d 463; People v. Thomas, 74 A.D.2d 317, 428 N.Y.S.2d 20, affd. 53 N.Y.2d 338, 441 N.Y.S.2d 650, 424 N.E.2d 537). We, therefore, need not reach the issue concerning the doctrine of merger in this case.
Defendant's next argument that the trial court erred in finding it had jurisdiction over the charged crimes of rape and sodomy is without merit. Defendant contends...
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