Narrative Opinion Summary
In People v. Curley, 2023 NY Slip Op 00063, the Appellate Division, First Department, affirmed the judgment of the Supreme Court of New York County, which convicted Cory Curley of attempted criminal possession of a weapon in the second degree following a guilty plea. Curley was sentenced to five years of probation. The appellate court ruled that by pleading guilty, Curley forfeited his right to appeal the denial of his motion to dismiss the indictment under CPL 210.40 on the basis of furthering justice. The court clarified that the denial of such a motion is not jurisdictional or fundamental and noted that the lower court acted within its discretion in denying this "extraordinary remedy," which should be used sparingly. The decision was entered on January 10, 2023.
Legal Issues Addressed
Discretion in Denial of Motion to Dismiss Under CPL 210.40subscribe to see similar legal issues
Application: The court affirmed the lower court's use of discretion in denying the defendant's motion to dismiss the indictment, emphasizing the non-jurisdictional nature of the motion.
Reasoning: The court clarified that the denial of such a motion is not jurisdictional or fundamental and noted that the lower court acted within its discretion in denying this 'extraordinary remedy,' which should be used sparingly.
Effect of Guilty Plea on Right to Appealsubscribe to see similar legal issues
Application: The court concluded that by entering a guilty plea, the defendant forfeited his right to appeal the denial of his motion to dismiss the indictment.
Reasoning: The appellate court ruled that by pleading guilty, Curley forfeited his right to appeal the denial of his motion to dismiss the indictment under CPL 210.40 on the basis of furthering justice.