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PEOPLE v. ROSADO

Ind. No. 1442/13. Appeal No. 15213. Case No. 2016-1977.

202 A.D.3d 445 (2022)

158 N.Y.S.3d 574

2022 NY Slip Op 00733

The People of the State of New York, Respondent, v. Angel Rosado, Appellant.

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

Decided February 3, 2022.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Laura Boyd of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Reva Grace Phillips of counsel), for respondent.

Concur—Kapnick, J.P., Mazzarelli, Gesmer, Kennedy, Pitt, JJ.

By pleading guilty, defendant forfeited his challenge to the grand jury instructions (see People v Rivera, 93 A.D.3d 409 [1st Dept 2012], lv denied 19 N.Y.3d 866 [2012]; People v Fatiu, 158 A.D.3d 890, 891 [3d Dept 2018]). Defendant's claim that the grand jury should have been instructed on the defense of justification did not survive the plea because...

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