| People v Plunkett |
| 2010 NY Slip Op 06996 [77 AD3d 1442] |
| October 1, 2010 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v David Plunkett,Appellant. |
—[*1] John H. Crandall, Sr., District Attorney, Herkimer (Jacquelyn M. Asnoe of counsel), forrespondent. Lambda Legal Defense and Education Fund, Inc., New York City (Bebe J. Anderson of counsel),for American Academy of HIV Medicine Association of Nurses in AIDS Care and Others, AmiciCuriae.
Appeal from a judgment of the Herkimer County Court (Patrick L. Kirk, J.), rendered May 23,2007. The judgment convicted defendant, upon his plea of guilty, of aggravated assault on a policeofficer or a peace officer and assault in the second degree (two counts).
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of onecount of aggravated assault upon a police officer or a peace officer (Penal Law § 120.11) andtwo counts of assault in the second degree (§ 120.05 [3]). By pleading guilty, defendant forfeitedhis contention that County Court erred in refusing to dismiss the indictment based upon the prosecutor'salleged failure to introduce exculpatory evidence before the grand jury (see People v Crumpler, 70 AD3d1396, 1397 [2010], lv denied 14 NY3d 839 [2010]), as well as his contention concerningthe alleged insufficiency of the evidence presented to the grand jury (see People v Dickerson, 66 AD3d1371, 1372-1373 [2009], lv denied 13 NY3d 859 [2009]). In addition, defendantforfeited his contention that the court improperly curtailed defense counsel's questioning of prospectivejurors concerning their views on mental illness because, "[b]y pleading guilty instead of going to trial, thedefendant . . . necessarily surrendered his right to challenge on appeal any alleged trialerrors" (People v Green, 75 NY2d 902, 904-905 [1990], cert denied 498 US 860[1990]). Present—Smith, J.P., Peradotto, Lindley, Sconiers and Pine, JJ.