AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARSHA A. MACY, Appellant.

Appeal by defendant from a judgment of the Supreme Court, Suffolk County (Stark, J.), rendered April 6, 1982, convicting her of attempted robbery in the second degree, upon a plea of guilty, and imposing sentence. ¶ Judgment affirmed. ¶ By pleading guilty, defendant forfeited any right to appellate review of the denial of her motion to dismiss the indictment in the interest of justice (CPL 210.40). The issue does not relate to the jurisdiction of the court or the voluntary and knowing nature of the plea, and is not otherwise appealable by statute (see People v Evans, 58 N.Y.2d 14, 21, n 1; People v Di Raffaele, 55 N.Y.2d 234, 240; People v Scheinert, 93 A.D.2d 894; People v Thomas, 74 A.D.2d 317, 319-322, aff'd. 53 N.Y.2d 338; cf. People v Sobotker, 61 N.Y.2d 44). Nor do our interests of justice powers (see CPL 470.15, subd 6) authorize review of issues waived by a plea of guilty ( People v Howe, 56 N.Y.2d 622). ¶ In any event, a trial court may deny a motion to dismiss the indictment in the interest of justice without a detailed enumeration of the various statutory factors and without a hearing (see People v Rickert, 58 N.Y.2d 122; Bellacosa, Practice Commentary, McKinney's Cons Laws of NY, Book 11A, CPL 210.40, pp 155-156), and, on this record, we perceive no compelling factor which would have warranted the granting of the motion (see People v Viszokai, 99 A.D.2d 519; People v Belkota, 50 A.D.2d 118, 120). Lazer, J.P., Niehoff, Boyers and Lawrence, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. MACY
(Mar 12, 1984)