PEOPLE v. VARGAS


186 A.D.2d 834 (1992)

The People of the State of New York, Respondent, v. Oscar Vargas, Appellant

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

October 26, 1992


Ordered that the judgment is affirmed.

On appeal, the defendant contends that the court improvidently exercised its discretion when it refused to grant the defendant's applications for a post-indictment preliminary hearing and to strike certain language from the indictment. However, the defendant is barred from raising these claims on appeal since, as a condition of his guilty plea, the defendant withdrew all of his motions, whether pending or decided. Accordingly...

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