PEOPLE v. BATISTA


299 A.D.2d 270 (2002)

753 N.Y.S.2d 47

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LOUIS BATISTA, Appellant.

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

Decided November 21, 2002.


By pleading guilty, defendant forfeited his right to challenge the propriety of the grand jury proceedings. The court's alleged error in permitting a resubmission pursuant to CPL 190.75 (3) was not of a constitutional or jurisdictional nature. The question presented is whether the court improvidently exercised its discretion in granting leave to resubmit, not whether the court had jurisdiction over defendant. Thus, defendant's claim is foreclosed by his guilty plea (see...

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