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PEOPLE v. MITCHELL

189 A.D.2d 900 (1993)

The People of the State of New York, Respondent, v. John Mitchell, Jr., Appellant

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

January 25, 1993

Ordered that the judgment is affirmed.

Because the defendant at no time moved in the Supreme Court pursuant to CPL 210.40 for dismissal of the indictment in the interest of justice, the issue is unpreserved for appellate review. In any event, even had the defendant moved for dismissal in the interest of justice before the Supreme Court, his plea of guilty would have operated as a forfeiture of his right to raise the issue on appeal (see, People v Purcell...

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