| People v Skya |
| 2007 NY Slip Op 07029 [43 AD3d 1190] |
| September 25, 2007 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Jeffrey Skya, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Ilisa T. Fleischer and Lauren DelGiorno of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Nassau County (La Pera, J.),rendered May 20, 2005, convicting him of disseminating indecent material to minors in the firstdegree and attempted disseminating indecent material to minors in the first degree (four counts),upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The insufficiency of factual allegations in an indictment is a nonjurisdictional defect (seeMatter of Taub v Altman, 3 NY3d 30, 40 n 8 [2004]; People v Iannone, 45 NY2d589, 600-601 [1978]; People v George, 261 AD2d 711, 713 [1999]), and claims made inthe trial level courts regarding nonjurisdictional defects in a jurisdictionally-sufficient accusatoryinstrument are forfeited by a defendant's plea of guilty (see People v Taylor, 65 NY2d 1,5 [1985]; cf. People v Parilla, 8 NY3d 654, 659 [2007]). By pleading guilty, thedefendant has forfeited his claim that the indictment did not sufficiently allege facts constitutingthe charged crimes (see People v Taylor, 65 NY2d 1, 5 [1985]).
Additionally, by pleading guilty, the defendant has forfeited his claim that his conduct didnot satisfy the elements of the offense charged in the first four counts of the indictment (seePeople v Shearer, 29 AD3d 608, 609 [2006]). The defendant does not make a similar claimwith respect to the fifth count. Crane, J.P., Goldstein, Dillon and Carni, JJ., concur.