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PEOPLE v. HERNANDEZ

Ind. No. 4048/17. Appeal No. 14356. Case No. 2019-2219.

198 A.D.3d 487 (2021)

152 N.Y.S.3d 592

2021 NY Slip Op 05635

The People of the State of New York, Respondent, v. Anthony Hernandez, Appellant.

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

Decided October 14, 2021.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Ben A. Schatz of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Jonathon Krois of counsel), for respondent.

Concur—Gische, J.P., Moulton, Kennedy, Scarpulla, JJ.

By pleading guilty, defendant forfeited his contention that the grand jury proceedings were impaired by the prosecutor's failure to disclose to the grand jury certain prior inconsistent statements of the testifying officer (see People v Hansen, 95 N.Y.2d 227, 230 [2000]; People v Simmons, 94 A.D.3d 414 [1st Dept 2012], lv denied 19 N.Y.3d 1001 ...

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