New York Court of Appeals, 1986

People v. Fernandez

New York Court of Appeals · Decided February 6, 1986

67 N.Y.2d 686; 499 N.Y.S.2d 919; 490 N.E.2d 838; 1986 N.Y. LEXIS 16626

Cases that cite this one

211 later published cases cite this decision. The 25 that cite it most often are listed here.

People v. Whitehurst (Appellate Division of the Supreme Court of New York 2002)
People v. Hobes (Appellate Division of the Supreme Court of New York 2025)
People v. Henderson (Appellate Division of the Supreme Court of New York 1987)
People v. Johnson (Appellate Division of the Supreme Court of New York 2026)
The People v. Lerio Guerrero (N.Y. 2016)
People v. Rodriguez (Appellate Division of the Supreme Court of New York 2014)
People v. Rodriguez (Appellate Division of the Supreme Court of New York 2014)
People v. Scott (Appellate Division of the Supreme Court of New York 2013)
People v. Scott (Appellate Division of the Supreme Court of New York 2013)
People v. Elmer (N.Y. 2012)
People v. Atwood (Appellate Division of the Supreme Court of New York 2004)
People v. Carty (Appellate Division of the Supreme Court of New York 1991)
People v. Smith (Appellate Division of the Supreme Court of New York 1990)
People v. Gooden (Appellate Division of the Supreme Court of New York 1989)
People v. Allman (Appellate Division of the Supreme Court of New York 1987)
People v. Rayo-Lugo (Appellate Division of the Supreme Court of New York 2026)
People v. Robinson (Appellate Division of the Supreme Court of New York 2025)
People v. Bleyden (Appellate Division of the Supreme Court of New York 2025)
People v. Fox (Appellate Division of the Supreme Court of New York 2025)
People v. Granger (Appellate Division of the Supreme Court of New York 2024)
People v. Stefanovich (Appellate Division of the Supreme Court of New York 2024)
People v. Williams (Appellate Division of the Supreme Court of New York 2023)
People v. Persaud (Appellate Division of the Supreme Court of New York 2023)
People v. Johnson (Appellate Division of the Supreme Court of New York 2023)
People v. Villar (Appellate Division of the Supreme Court of New York 2022)

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

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

*688A guilty plea generally results in a forfeiture of the right to appellate review of any nonjurisdictional defects in the proceedings (People v Prescott, 66 NY2d 216, 220). CPL 710.70 (2) carves out a limited exception providing that an order finally denying a motion to suppress evidence may be reviewed on appeal from a final judgment of conviction, even one entered upon a guilty plea. That exception is unavailable to this defendant, who pleaded guilty before obtaining such an order. That he may have believed his plea would not result in such forfeiture is irrelevant, because, even if communicated to the court, a subjective belief cannot permit evasion of what otherwise would be the consequences of the plea (People v Mack, 53 NY2d 803, 806). Moreover, by pleading guilty before the hearing on his suppression motion, defendant precluded the making of a record and, in consequence, foreclosed the possibility of appellate review of his challenge to the admissibility of the People’s evidence (see, People v Charleston, 54 NY2d 622, 623).

The conclusion of the lower courts that no reason existed for Criminal Term to have suspected defendant of being an incapacitated person and therefore to have directed an examination pursuant to CPL article 730 finds support in the record, and cannot be reviewed further. Defendant’s remaining contention has not been preserved for our review.

Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr., concur.

Order affirmed in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.