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PEOPLE v. PETGEN

55 N.Y.2d 529 (1982)

The People of the State of New York, Respondent, v. Albert Bennett Petgen, Appellant.

Court of Appeals of the State of New York.

Decided May 11, 1982.

Attorney(s) appearing for the Case

E. Stewart Jones, Jr., and Robert M. Cohen for appellant.

Seymour Meadow, District Attorney (Michael O'Brien of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI and WACHTLER concur with Judge JONES; Judge MEYER dissents and votes to reverse in a separate opinion in which Judge FUCHSBERG concurs.

JONES, J.

An order denying an application for permission to make a late motion to suppress, as distinguished from an order denying a motion to suppress on the merits, does not come within the scope of CPL 710.70 (subd 2), and accordingly the right to appellate review thereof is forfeited by a guilty plea. Likewise such a plea, entered on advice of competent counsel, constitutes a forfeiture of a claim of prior...

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