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PEOPLE v. CUADRADO

9 N.Y.3d 362 (2007)

880 N.E.2d 861

850 N.Y.S.2d 375

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM CUADRADO, Appellant.

Court of Appeals of the State of New York.

Decided December 18, 2007.

Attorney(s) appearing for the Case

Office of the Appellate Defender, New York City (Margaret E. Knight, Richard M. Greenberg and Daniel A. Warshawsky of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Michael S. Morgan and Eleanor J. Ostrow of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.

OPINION OF THE COURT

SMITH, J.

Defendant waived indictment and pleaded guilty to a charge contained in a superior court information. It is now conceded that the waiver and plea were invalid, but defendant appealed from his conviction without complaining of that defect. We hold that defendant is barred from raising the issue later, in a motion to vacate his conviction under CPL 440.10.

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