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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL ROBERTS, Appellant.

Ordered that the judgment is affirmed.

The defendant's speculative claims regarding possible bias which may have resulted from preindictment publicity surrounding the case are not jurisdictional in nature and thus were forfeited by his plea of guilty (see, People v Taylor, 65 N.Y.2d 1; People v Di Raffaele, 55 N.Y.2d 234; People v Gerber, 182 A.D.2d 252; People v Nelson, 173 A.D.2d 205; People v Martin, 145 A.D.2d 440; People v Bowen, 122 A.D.2d 64). In any event, the defendant has failed to make the requisite preliminary showing that he suffered actual prejudice due to media coverage (see, United States v Burke, 700 F.2d 70, cert denied 464 U.S. 816; United States v Myers, 510 F. Supp. 323; United States v Mandel, 415 F. Supp. 1033; People v King, 48 A.D.2d 457; People v Hussein, 150 Misc.2d 119), and our in camera review of the Grand Jury minutes reveals that the grand jurors were appropriately instructed on this issue and that no evidence of bias existed. Sullivan, J.P., Lawrence, O'Brien and Santucci, JJ., concur.

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PEOPLE v. ROBERTS
(Nov 22, 1993)