PEOPLE v. PARKS


23 A.D.3d 153 (2005)

802 N.Y.S.2d 693

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. COREY PARKS, Appellant.

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

November 1, 2005.


Defendant's claim that his prior criminal act, which formed the basis of his previous youthful offender adjudication, could not be used as an overt act on the instant conspiracy charge, essentially attacks the legal sufficiency of the indictment, i.e., that the conspiracy charge is supported by an improper overt act. Such claim was waived by defendant's plea of guilty and waiver of the right to appeal (see People v Allen, 86 N.Y.2d 599<...

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