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People v Hunter (Benjamin)
2004 NY Slip Op 50419(U)
Decided on May 5, 2004
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on May 5, 2004
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM P. McCOOE
HON. WILLIAM J. DAVIS, Justices.


THE PEOPLE OF THE STATE OF NEW YORK, 570149/01 Respondent,

against

BENJAMIN HUNTER, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court, New York County, rendered September 21, 2000 (Ruth Pickholz, J.) convicting him, upon a plea of guilty, of assault in the third degree (Penal Law § 120.10[2]), and imposing sentence.


PER CURIAM:

Judgment of conviction rendered September 21, 2000
(Ruth Pickholz, J.) affirmed.

Review of defendant's present contention that the court did not conform to the procedural requirements of CPL 180.50 is foreclosed by operation of her guilty plea (see, People v Perez, NYLJ, July 19, 2001, at 18, col 1 [App Term, 1st Dept], lv denied 97 NY2d 642 [2001]; see also, People v Shewbarran, 188 Misc 2d 595, 597 [Parness, J., concurring] [2001]), which served to waive all nonjurisdictional issues (see, People v Rodriguez, 238 AD2d 150, lv denied 90 NY2d 897 [1997]). Defendant's challenge to the adequacy of the plea allocution is both unpreserved for appellate review (see, People v Lopez, 71 NY2d 662 [1988]) and without merit (see, People v Winbush, 199 AD2d 447, 448 [1993]).

This constitutes the decision and order for the court.