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PEOPLE v. HERNANDEZ

Ind. No. 984/14. Appeal No. 14455. Case No. 2016-922.

198 A.D.3d 545 (2021)

152 N.Y.S.3d 822

2021 NY Slip Op 05788

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

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

Decided October 21, 2021.

Attorney(s) appearing for the Case

Caprice R. Jenerson , Office of The Appellate Defender, New York ( Margaret E. Knight of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Michael D. Tarbutton of counsel), for respondent.

Concur—Renwick, J.P., Kapnick, Scarpulla, Rodriguez, Higgitt, JJ.

By pleading guilty, defendant waived his statutory right to seek dismissal of the indictment (see People v Hansen, 95 N.Y.2d 227, 231 n 3 [2000]; People v Friscia, 51 N.Y.2d 845, 847 [1980]), including the right to seek dismissal in furtherance of justice pursuant to CPL 210.40 (see People v Kontos, 71 A.D.3d 507 [1st Dept 2010], lv denied

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