PEOPLE EX REL. NEWMAN v. McMANN


29 A.D.2d 704 (1968)

The People of the State of New York ex rel. Abraham Newman, Appellant, v. Daniel J. McMann, as Warden of Clinton Prison, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 12, 1968


HERLIHY, J.

The relator alleges that his indictment in 1934 was founded upon incompetent evidence before the Grand Jury. In our opinion such a contention is similar to an attack on the sufficiency of the indictment itself and where a defendant has failed to raise any such contention prior to entry of a plea of guilty and judgment thereon, he has waived any objections thereto. People v. Jackson (18 N.Y.2d 516...

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