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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID PLUNKETT, Appellant.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of one count of aggravated assault upon a police officer or a peace officer (Penal Law § 120.11) and two counts of assault in the second degree (§ 120.05 [3]). By pleading guilty, defendant forfeited his contention that County Court erred in refusing to dismiss the indictment based upon the prosecutor's alleged failure to introduce exculpatory evidence before the grand jury ( see People v Crumpler, 70 AD3d 1396, 1397, lv denied 14 NY3d 839), as well as his contention concerning the alleged insufficiency of the evidence presented to the grand jury ( see People v Dickerson, 66 AD3d 1371, 1372-1373, lv denied 13 NY3d 859). In addition, defendant forfeited his contention that the court improperly curtailed defense counsel's questioning of prospective jurors concerning their views on mental illness because, "[b]y pleading guilty instead of going to trial, the defendant . . . necessarily surrendered his right to challenge on appeal any alleged trial errors" ( People v Green, 75 NY2d 902, 904-905, cert denied 498 US 860).

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THE PEOPLE v. PLUNKETT
(Oct 1, 2010)