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PEOPLE v. PERSICO

Appellate Division of the Supreme Court of New York, Second Department.
Jun 8, 1987
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Ordered that the judgments are affirmed.

Having pleaded guilty, the defendant has forfeited any right to appellate review of the denial of his motion for a hearing pursuant to People v Isaacson ( 44 N.Y.2d 511, rearg denied 45 N.Y.2d 776) to determine whether the alleged misconduct of law enforcement officials violated his due process rights, which would mandate the dismissal of the indictment (see, People v Di Raffaele, 55 N.Y.2d 234, 240; People v Macy, 100 A.D.2d 557). In any event, the court properly denied the defendant's motion since the allegations of police misconduct would not warrant a dismissal on due process grounds. The conduct charged is not susceptible of being characterized as egregious and deprivative of the defendant's rights and it did not "manifest a disregard for cherished principles of law and order" (People v Isaacson, supra, at 521; see, People v Lerner, 122 A.D.2d 813, lv denied 68 N.Y.2d 1001). Mollen, P.J., Bracken, Niehoff and Lawrence, JJ., concur.