Criminal Law · MBE-tested
The People of the State of New York, Respondent, v. Jose Gonzalez, Appellant
4 A.D.3d 157772 N.Y.S.2d 41·New York Supreme Court, Appellate Division·2004·NY
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Opinion
The People of the State of New York, Respondent, v Jose Gonzalez, Appellant.
[772 NYS2d 41]
[MAJORITY]
Judgment, Supreme Court, New York County (Harold Beeler, J.), rendered May 15, 2002, convicting defendant, upon his guilty plea, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of JVs to 9 years, unanimously affirmed.
By pleading guilty, defendant forfeited his essentially evidentiary claim that when he testified before the grand jury he was improperly questioned about a prior incident for which he was already indicted (see People v Hansen, 95 NY2d 227 [2000]). In any event, the claim finds no support in the record. After executing a waiver of immunity, defendant was properly questioned about both events inasmuch as the People were seeking a superseding indictment to cover both incidents. Concur—Buckley, EJ., Sullivan, Williams and Gonzalez, JJ.