Torts · MBE-tested

The People of the State of New York, Respondent, v. Dennis Nagle, Appellant

308 A.D.2d 390764 N.Y.S.2d 625·New York Supreme Court, Appellate Division·2003·NY

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Opinion

The People of the State of New York, Respondent, v Dennis Nagle, Appellant. [764 NYS2d 625] [MAJORITY] —Judgment, Supreme Court, New York County (Herbert Altman, J., on motions; Michael Obús, J., at plea and sentence), rendered July 30, 2001, convicting defendant of attempted computer trespass, and sentencing him to a conditional discharge with five days of community service and a $500 fine, unanimously affirmed. Defendant’s claim that he was entitled to immunity from the use of certain evidence he furnished at the direction of his employer essentially constitutes a claim that his indictment was based on inadmissible evidence. Accordingly, his guilty plea forecloses review of this argument (see People v Hansen, 95 NY2d 227 [2000]). The motion court properly denied defendant’s suppression motion without a hearing (see CPL 710.60 [3]; 60.45 [2]). We have considered and rejected defendant’s remaining claims. Concur — Buckley, P.J., Nardelli, Tom, Mazzarelli and Gonzalez, JJ.