People v. Smith
Cases that cite this one
3 later published cases cite this decision.
- McCray v. Walcott (District Court, E.D. New York 2024)
- Carmel v. Graham (District Court, W.D. New York 2020)
- People v. Mallayev (Appellate Division of the Supreme Court of New York 2014)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal by the defendant from a judgment of the County Court, Suffolk County (Corso, J.), rendered October 16, 2001, convicting her of attempted criminal possession of a controlled substance in the third degree, upon her plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
By pleading guilty before making a motion to suppress evidence on the ground that a search warrant was improperly issued, the defendant waived her claim and thus failed to preserve the issue for appellate review (see People v Corti, 88 AD2d 345, 347 [1982]).
The defendant’s contention that the judgment of conviction should be reversed because of an alleged defect in the felony complaint is unpreserved for appellate review (see CPL 470.05 [2]; People v Smith, 293 AD2d 764, 765 [2002]). In any event, even if the felony complaint was defective, it was superseded by a valid indictment, rendering any claim regarding a purported defect in the felony complaint academic (id.).
The defendant’s remaining contentions are without merit. Altman, J.P., Smith, Adams and Cozier, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.