People v. Hansen, 738 N.E.2d 773 (NY 2000). · Go Syfert
People v. Hansen, 738 N.E.2d 773 (NY 2000). Cases Citing This Book View Copy Cite
613 citation events (613 in the last 25 years) across 13 distinct courts.
Strongest positive: People v. Novotny (nyappdiv, 2026-05-20)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Novotny
N.Y. App. Div. · 2026 · confidence medium
"A jurisdictional defect in an indictment may not be waived by a guilty plea and can be raised for the first time on appeal" ( People v Guerrero , 28 NY3d 110, 116). "'An indictment is rendered jurisdictionally defective only if it does not charge the defendant with the commission of a particular crime, by, for example, failing to allege every material element of the crime charged, or alleging acts that do not equal a crime at all'" ( id. , quoting People v Hansen , 95 NY2d 227, 231).
examined Cited as authority (rule) People v. Head (4×)
N.Y. App. Div. · 2026 · confidence medium
To that end, " '[a]n indictment is rendered jurisdictionally defective only if it does not charge the defendant with the commission of a particular crime, by, for example, failing to allege every material element of the crime charged, or alleging acts that do not equal a crime at all' " ( People v Guerrero , 28 NY3d 110, 116 [2016], quoting People v Hansen , 95 NY2d 227, 231 [2000]; see People v Saenger 39 NY3d at 438).
discussed Cited as authority (rule) People v. N.H. (2×) also: Cited "see"
NY · 2026 · confidence medium
Thus, we have held that a defendant may only waive a guaranteed right "when there is no constitutional or statutory mandate and no public policy prohibiting [waiver]" (<i>id.</i>).</p> <p>"Conditions imposed as part of a plea arrangement are valid if the parties agree to them and they do not violate any statute or contravene public policy" (<i>People v Avery</i>, 85 NY2d 503, 507 [1995], citing <i>Seaberg</i>, 74 NY2d at 7 ; <i>see</i> <i>People v Hansen</i>, 95 NY2d 227, 230 [2000]; <i>People v Allen</i>, 86 NY2d 599, 602 [1995]).
discussed Cited as authority (rule) People v. Sabb
NY · 2026 · confidence medium
"A plea of guilty, as we have repeatedly observed, generally marks the end of a criminal case, not a gateway to further litigation" ( People v Konieczny , 2 NY3d 569, 572 [2004], quoting People v Hansen , 95 NY2d 227, 230 [2000]).
examined Cited as authority (rule) People v. Jacobs (3×) also: Cited "see"
N.Y. App. Div. · 2025 · confidence medium
It is undisputed that a guilty plea does not "extinguish every claim on appeal" and that the issues that are not forfeited by the plea generally "relate either to jurisdictional matters . . . or to rights of a constitutional dimension that go to the very heart of the process" ( People v Hansen , 95 NY2d 227, 230 [2000]).
examined Cited as authority (rule) People v. Jacobs (3×) also: Cited "see"
N.Y. App. Div. · 2025 · confidence medium
It is undisputed that a guilty plea does not "extinguish every claim on appeal" and that the issues that are not forfeited by the plea generally "relate either to jurisdictional matters . . . or to rights of a constitutional dimension that go to the very heart of the process" ( People v Hansen , 95 NY2d 227, 230 [2000]).
examined Cited as authority (rule) People v. Roblee (4×) also: Cited "see"
N.Y. App. Div. · 2025 · confidence medium
"As a rule, a defendant who in open court admits guilt of an offense charged may not later seek review of claims relating to the deprivation of rights that took place before the plea was entered" ( People v Hansen , 95 NY2d at 230 [citations omitted]).
discussed Cited as authority (rule) People v. Demas (2×)
N.Y. App. Div. · 2025 · confidence medium
Assuming, but not deciding, that defendant has asserted jurisdictional matters and rights of a constitutional dimension, rather than evidentiary or technical matters, as well as the prosecutor's fair dealing, his contentions are not forfeited by his plea and appeal waiver ( see People v Manragh , 32 NY3d 1101, 1102 [2018]; People v Hansen , 95 NY2d 227, 231 [2000]; People v Sheppard , 221 AD3d 1513, 1514 [4th Dept 2023], lv denied 41 NY3d 985 [2024]).
discussed Cited as authority (rule) People v. Ali A.
N.Y. Crim. Ct. · 2025 · confidence medium
"The misdemeanor complaint is designed to provide the court with sufficient facts for the court to determine whether the defendant should be held for further action." ( Dumas , 68 NY2d at 731 , emphasis added.) When considering the role of the bench, this court is mindful of the test set forth in People v Dreyden , 15 NY3d 100, 103 (2010) (quoting People v Hansen , 95 NY2d 227, 231 [2000] and citing People v Casey , 95 NY2d 354, 366 [2000] and People v Kalin , 12 NY3d 225, 231-232 [2009], emphasis added): The distinction between jurisdictional and nonjurisdictional defects 'is between defects …
examined Cited as authority (rule) People v. Boone (10×) also: Cited "see"
N.Y. App. Div. · 2025 · confidence medium
We agree with the People, however, that defendant's contention raises "[f]laws of an evidentiary or technical nature [that are] forfeited by a guilty plea" ( People v Hansen , 95 NY2d 227, 232 [2000]; see People v Ellis , 194 AD3d 428, 428 [1st Dept 2021], lv denied 37 NY3d 964 [2021]; People v Palo , 299 AD2d 871, 871 [4th Dept 2002], lv denied 99 NY2d 618 [2003]).
examined Cited as authority (rule) People v. Ferreira (3×)
N.Y. App. Div. · 2025 · confidence medium
Additionally, by pleading guilty, defendant forfeited his right to raise any claims of evidentiary errors in the grand jury proceeding ( see People v Hansen , 95 NY2d 227, 232 [2000]).
discussed Cited as authority (rule) People v. Cabrera (2×)
N.Y. App. Div. · 2025 · confidence medium
Defendant's challenge to the grand jury proceeding based on the prosecutor's mischaracterization of his video-recorded statement goes to the sufficiency of the evidence in support of the indictment and therefore was forfeited upon his guilty plea ( People v Hansen , 95 NY2d 227, 232 [2000]).
discussed Cited as authority (rule) People v. Bowser
N.Y. App. Div. · 2025 · confidence medium
Defendant's challenge to the legal sufficiency of the evidence before the grand jury and his contention that evidence before the grand jury was admitted without an adequate foundation do not survive his guilty plea ( see People v Hansen , 95 NY2d 227, 231-232 [2000]; People v Scarbrough , 162 AD3d 1575 , 1575 [4th Dept 2018]).
examined Cited as authority (rule) People v. Dotson (Woodie) (3×)
N.Y. App. Term. · 2025 · confidence medium
Regardless of the validity of the waiver of the right to appeal, defendant waived his right of confrontation by pleading guilty ( see People v Hansen , 95 NY2d 227, 230-231 [2000]).
discussed Cited as authority (rule) People v. Correa
N.Y. App. Div. · 2024 · confidence medium
Regardless of whether defendant validly waived his right to appeal, by pleading guilty, defendant forfeited review of his claim that prosecutorial misconduct impaired the integrity of the grand jury proceedings ( see People v Hansen , 95 NY2d 227, 230-231 [2000]).
discussed Cited as authority (rule) People v. Hafer (2×)
N.Y. App. Div. · 2024 · confidence medium
Even after entering a valid guilty plea, certain claimed constitutional defects can rise to the level of implicating the grand jury process which are not forfeited by the guilty plea ( see People v Manragh , 32 NY3d 1101, 1102 [2018]; People v Hansen , 95 NY2d 227, 231 [2000]).
discussed Cited as authority (rule) People v. Kelly
N.Y. App. Div. · 2023 · confidence medium
As an initial matter, by pleading guilty, defendant is foreclosed from asserting that the evidence presented to the grand jury was not legally sufficient ( see People v Hansen , 95 NY2d 227, 232 [2000]; People v Wilburn , 158 AD3d 894 , 894-895 [3d Dept 2018], lv denied 31 NY3d 1123 [2018]).
discussed Cited as authority (rule) People v. Fuller
N.Y. App. Div. · 2023 · confidence medium
In any event, defendant forfeited his right to challenge the sufficiency of the evidence before the grand jury by pleading guilty ( see People v Guerrero , 28 NY3d 110, 116 [2016]; People v Hansen , 95 NY2d 227, 233 [2000]).
discussed Cited as authority (rule) People v. Perez
N.Y. Sup. Ct., Westchester Cty. · 2023 · confidence medium
Consequently, even had the Court permitted motion practice to proceed, there would have been no basis to disturb his previously entered plea of guilty (see, People v. Hansen, 95 NY2d 227, 230 [2000]; People v. Fiumefreddo, 82 NY2d 536 [1993]; 5 [* 5] People v Taylor, 65 NY2d 1 , 5 [1985]; People v. Elmendorf, 45 AD3d 858, 859 [2d Dept. 2007]; People v. Ramos, 65 NY2d 640 ,642 [1984]).
discussed Cited as authority (rule) People v. Arias
N.Y. App. Div. · 2023 · confidence medium
By pleading guilty, defendant forfeited review of his claims that the evidence presented to the grand jury was legally insufficient, and that the grand jury proceedings were impaired by the prosecutor's failure to disclose to the grand jury a witness's prior inconsistent testimony ( see People v Hansen , 95 NY2d 227, 230 [2000]; People v Hernandez , 198 AD3d 487 [1st Dept 2021], lv denied 37 NY3d 1146 [2021]).
discussed Cited as authority (rule) People v. Arias
N.Y. App. Div. · 2023 · confidence medium
By pleading guilty, defendant forfeited review of his claims that the evidence presented to the grand jury was legally insufficient, and that the grand jury proceedings were impaired by the prosecutor's failure to disclose to the grand jury a witness's prior inconsistent testimony ( see People v Hansen , 95 NY2d 227, 230 [2000]; People v Hernandez , 198 AD3d 487 [1st Dept 2021], lv denied 37 NY3d 1146 [2021]).
discussed Cited as authority (rule) People v. Coler
N.Y. App. Div. · 2023 · confidence medium
Contrary to defendant's pro se contention, by pleading guilty, defendant forfeited his claims relating to the legal sufficiency of the evidence presented to the grand jury ( see People v Hansen , 95 NY2d 227, 232-233 [2000]; People v Carston , 163 AD3d 1166 , 1167 [3d Dept 2018], lv denied 32 NY3d 1002 [2018]).
discussed Cited as authority (rule) People v. Pimentel
N.Y. App. Div. · 2023 · confidence medium
Defendant seeks access to these minutes for the purpose of raising an evidentiary claim that would be foreclosed by his guilty plea ( see People v Hansen , 95 NY2d 227, 230 [2000]), as well as his appeal waiver.THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
cited Cited as authority (rule) People v. Curley
N.Y. App. Div. · 2023 · confidence medium
There is nothing jurisdictional or fundamental ( see People v Hansen , 95 NY2d 227, 230 [2000]) about a discretionary denial of such a motion.
discussed Cited as authority (rule) People v. Jones
N.Y. App. Div. · 2022 · confidence medium
Defendant's challenge in his pro se supplemental brief to the legal sufficiency of the evidence before the grand jury does not survive his guilty plea ( see People v Hansen , 95 NY2d 227, 232 [2000]; People v Scarbrough , 162 AD3d 1575 , 1575 [4th Dept 2018], lv denied 34 NY3d 1081 [2019], reconsideration denied 35 NY3d 974 [2020]; People v Oswold , 151 AD3d 1756, 1756-1757 [4th Dept 2017], lv denied 29 NY3d 1131 [2017]).
cited Cited as authority (rule) People v. Graves
N.Y. App. Div. · 2022 · confidence medium
Defendant's claims do not implicate the jurisdictional validity of the indictment or otherwise survive a guilty plea ( see People v Hansen , 95 NY2d 227, 230-231 [2000]).
cited Cited as authority (rule) People v. Graves
N.Y. App. Div. · 2022 · confidence medium
Defendant's claims do not implicate the jurisdictional validity of the indictment or otherwise survive a guilty plea ( see People v Hansen , 95 NY2d 227, 230-231 [2000]).
discussed Cited as authority (rule) People v. Retell
N.Y. App. Div. · 2022 · confidence medium
By pleading guilty, defendant waived his challenge to the sufficiency of the grand jury evidence supporting the second count of the indictment ( see People v Hansen , 95 NY2d 227, 232 [2000]; People v Dunbar , 53 NY2d 868, 871 [1981]; People v Snype , 171 AD3d 1220 , 1220-1221 [2d Dept 2019]; People v Carston , 163 AD3d 1166 , 1167 [3d Dept 2018], lv denied 32 NY3d 1002 [2018]; People v Melendez , 48 AD3d 960, 960 [3d Dept 2008], lv denied 10 NY3d 962 [2008]).
discussed Cited as authority (rule) People v. Mack
N.Y. App. Div. · 2022 · confidence medium
Initially, defendant forfeited his challenge to the legal sufficiency of the evidence presented to the grand jury by pleading guilty ( see People v Hansen , 95 NY2d 227, 233 [2000]; People v Carston , 163 AD3d 1166 , 1167 [2018], lv denied 32 NY3d 1002 [2018]).
discussed Cited as authority (rule) King v. People of the State of New York
W.D.N.Y. · 2022 · confidence medium
In People v. Hansen, the New York Court of Appeals ruled that “[a] guilty plea will . . . encompass a waiver of specific rights attached to trial, such as the right to a trial by jury and to confrontation, and it will also effect a forfeiture of the right to revive certain claims made prior to the plea.” People v. Hansen, 738 N.E.2d 773, 776 (N.Y. 2000).
discussed Cited as authority (rule) People v. Palmer
N.Y. App. Div. · 2022 · confidence medium
In particular, by pleading guilty, defendant forfeited his contention that County Court abused its discretion in granting the People's request for an adjournment to obtain what he views as untimely DNA testing of the material recovered from the victim's bedsheet ( see People v Hansen , 95 NY2d 227, 230-233 [2000]; People v Miller , 162 AD3d 1231 , 1234 [2018], lv denied 32 NY3d 939 [2018]; People v Crisler , 81 AD3d 1308, 1309 [2011], lv denied 17 NY3d 793 [2011]).
discussed Cited as authority (rule) People v. Glatman (David)
N.Y. App. Term. · 2022 · confidence medium
Consequently, the People are correct that defendant's contention pertaining to the court's refusal to accept his waiver of his right to be present at trial was forfeited by his guilty plea ( see generally People v Guerrero , 28 NY3d 110, 115-116 [2016]; People v Hansen , 95 NY2d 227, 230 [2000]).
discussed Cited as authority (rule) People v. Luna-Velasquez (Samuel)
N.Y. App. Term. · 2022 · confidence medium
Moreover, by pleading guilty to the charge, defendant forfeited any claim that the Justice Court failed to conduct an inquiry, pursuant to CPL 180.50, prior to the reduction ( see People v Hunter , 5 NY3d 750, 751 [2005]; People v Hansen , 95 NY2d 227, 230 [2000]; People v Prescott , 66 NY2d 216 [1985]). [3] Since defendant was sentenced in the same proceeding in which he entered his pleas of guilty, and was not otherwise made aware of the deportation consequences of his pleas ( cf. People v Delorbe , 35 NY3d 112 [2020]), he had no practical ability to object to the deficiency in the allocutio…
discussed Cited as authority (rule) People v. Rosado
N.Y. App. Div. · 2022 · confidence medium
Defendant's claim that the grand jury should have been instructed on the defense of justification did not survive the plea because the indictment was not jurisdictionally defective, and the alleged defect did not implicate the integrity of the grand jury proceeding ( see People v Manragh , 32 NY3d 1101, 1102-1103 [2018]; People v Hansen , 95 NY2d 227, 230-231 [2000]; compare People v Pelchat , 62 NY2d 97 [1984]).
discussed Cited as authority (rule) People v. Rosado
N.Y. App. Div. · 2022 · confidence medium
Defendant's claim that the grand jury should have been instructed on the defense of justification did not survive the plea because the indictment was not jurisdictionally defective, and the alleged defect did not implicate the integrity of the grand jury proceeding ( see People v Manragh , 32 NY3d 1101, 1102-1103 [2018]; People v Hansen , 95 NY2d 227, 230-231 [2000]; compare People v Pelchat , 62 NY2d 97 [1984]).
discussed Cited as authority (rule) People v. Nack
N.Y. App. Div. · 2021 · confidence medium
Similarly, by pleading guilty, defendant forfeited his claim of prosecutorial vindictiveness ( see People v Rodriguez , 55 NY2d 776, 777 [1981]; People v Perron , 6 AD3d 937, 938 [2004], lv denied 3 NY3d 645 [2004]; People v Robertson , 279 AD2d 711, 712 [2001], lv denied 96 NY2d 805 [2001]), his contention that the People improperly submitted hearsay evidence to the grand jury ( see People v Hansen , 95 NY2d 227, 233 [2000]), his assertion that the indictment should have been dismissed in furtherance of justice pursuant to CPL 210.40 ( see People v LaPierre , 189 AD3d 1813, 1816 [2020], lv de…
discussed Cited as authority (rule) People v. Parkinson
N.Y. App. Div. · 2021 · confidence medium
By pleading guilty in the midst of trial, he forfeited his claim that the People violated their Rosario obligation by failing to turn over certain text messages between law enforcement officials ( see People v Hansen , 95 NY2d 227, 230-233 [2000]; People v Miller , 162 AD3d 1231 , 1234 [2018], lv denied 32 NY3d 939 [2018]; People v West , 184 AD2d 743, 744 [1992], lv denied 81 NY2d 767 [1992]).
discussed Cited as authority (rule) People v. Torres
N.Y. App. Div. · 2021 · confidence medium
Such argument, however, is directed at the sufficiency of the evidence before the grand jury and is therefore foreclosed by defendant's guilty plea ( see People v Guerrero , 28 NY3d 110, 117 [2016]; People v Hansen , 95 NY2d 227, 232 [2000]; People v King , 185 AD3d 1090, 1090-1091 [2020]).
discussed Cited as authority (rule) People v. Hernandez
N.Y. App. Div. · 2021 · confidence medium
By pleading guilty, defendant waived his statutory right to seek dismissal of the indictment ( see People v Hansen , 95 NY2d 227, 231, n 3 [2000]; People v Friscia , 51 NY2d 845, 847 [1980]), including the right to seek dismissal in furtherance of justice pursuant to CPL 210.40 ( see People v Kontos , 71 AD3d 507 [1st Dept 2010], lv denied 14 NY3d 889 [2010]).
discussed Cited as authority (rule) People v. Hernandez
N.Y. App. Div. · 2021 · confidence medium
By pleading guilty, defendant forfeited his contention that the grand jury proceedings were impaired by the prosecutor's failure to disclose to the grand jury certain prior inconsistent statements of the testifying officer ( see People v Hansen , 95 NY2d 227, 230 [2000]; People v Simmons , 94 AD3d 414 [1st Dept 2012], lv denied 19 NY3d 1001 [2012]; People v Bishop , 1 AD3d 112 [1st Dept 2003], lv denied 1 NY3d 568 [2003]).
discussed Cited as authority (rule) People v. Hernandez
N.Y. App. Div. · 2021 · confidence medium
By pleading guilty, defendant forfeited his contention that the grand jury proceedings were impaired by the prosecutor's failure to disclose to the grand jury certain prior inconsistent statements of the testifying officer ( see People v Hansen , 95 NY2d 227, 230 [2000]; People v Simmons , 94 AD3d 414 [1st Dept 2012], lv denied 19 NY3d 1001 [2012]; People v Bishop , 1 AD3d 112 [1st Dept 2003], lv denied 1 NY3d 568 [2003]).
discussed Cited as authority (rule) People v. Shanks (2×) also: Cited "see"
NY · 2021 · confidence medium
The Court reinforced the principle that “a waiver of the right to appeal is not an absolute bar to the taking of a first-tier direct appeal” (Thomas, 34 NY3d at 558, citing People v Seaberg, 74 NY2d 1, 11 [1989], People v Callahan, 80 NY2d 273, 280 [1992], People v Hansen, 95 NY2d 227, 230-231 [2000]; accord Garza v Idaho, ___US___ , 139 S Ct 738 , 744-745 -8- -9- No. 58 [2019]). “[A]ppellate review is not waivable, despite a guilty plea, for issues involving jurisdictional matters or ‘rights of a constitutional dimension that go to the very heart of the process’ ” of criminal pros…
discussed Cited as authority (rule) People v. Brown (Jemall)
N.Y. App. Term. · 2021 · confidence medium
Generally, a defendant who pleads guilty can raise appellate challenges that " 'relate either to jurisdictional matters . . . or to rights of a constitutional dimension that go to the very heart of the process' " ( People v Guerrero , 28 NY3d 110, 119 [2016] [emphasis omitted], quoting People v Hansen , 95 NY2d 227, 230 [2000]).
discussed Cited as authority (rule) The People v. Kenneth Slade , The People v. Kieth Brooks, The People v. Charo N. Allen
NY · 2021 · confidence medium
We have even held that the statutory right to be prosecuted on a non- hearsay accusatory instrument can be waived by implication” (id.). 4 For example, this Court has concluded that an accusatory instrument is void when the prosecutor knew “that the only evidence supporting the accusatory instrument was false” (People v Hansen, 95 NY2d 227, 232 [2000]).
cited Cited as authority (rule) People v. Ellis
N.Y. App. Div. · 2021 · confidence medium
However, by pleading guilty, defendant independently forfeited his claim that inadmissible evidence was presented to the grand jury ( see People v Hansen , 95 NY2d 227, 230 [2000]).
discussed Cited as authority (rule) People v. LaPierre
N.Y. App. Div. · 2020 · confidence medium
Defendant's challenge to the denial of his broad request for "investigative, expert or other services" under County Law § 722-c was forfeited by his guilty plea ( see People v Simcox , 219 AD2d 869, 870 [1995]; see generally People v Parilla , 8 NY3d 654, 659 [2007]; People v Hansen , 95 NY2d 227, 230-231 [2000]) and, in any event, we cannot conclude that County Court abused its discretion in denying the request, given that defendant did not submit any supporting facts to establish the necessity for the request ( see People v Walker , 167 AD3d 1502 , 1503 [2018], lv denied 33 NY3d 955 [2019];…
discussed Cited as authority (rule) People v. Lafond
N.Y. App. Div. · 2020 · confidence medium
Defendant's contention that County Court erred in denying his motion to dismiss the indictment was waived by his guilty plea ( see People v Hansen , 95 NY2d 227, 232 [2000]; People v King , 185 AD3d 1090, 1090-1091 [2020]).
discussed Cited as authority (rule) People v. Jose L. Bisono (And Nine Other Cases)
NY · 2020 · confidence medium
It is well-settled that “a waiver of the right to appeal is not an absolute bar to the taking of a first-tier direct appeal” (id., at 558, citing People v Seaberg, 74 NY2d 1, 11 [1989]; People v Callahan, 80 NY2d 273, 280 [1992]; People v Hansen, 95 NY2d 227, 230-231 [2000]).
discussed Cited as authority (rule) People v. Manley
N.Y. App. Div. · 2020 · confidence medium
By pleading guilty, defendant forfeited his challenge to the sufficiency of the evidence presented to the grand jury ( People v Guerrero , 28 NY3d 110, 116-117 [2016]; People v Hansen , 95 NY2d 227, 233 [2000]).
discussed Cited as authority (rule) People v. Manley
N.Y. App. Div. · 2020 · confidence medium
By pleading guilty, defendant forfeited his challenge to the sufficiency of the evidence presented to the grand jury ( People v Guerrero , 28 NY3d 110, 116-117 [2016]; People v Hansen , 95 NY2d 227, 233 [2000]).
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
Scott Hansen, Appellant
New York Court of Appeals.
Oct 19, 2000.
738 N.E.2d 773
POINTS OF COUNSEL, J. Anthony Jordan, Greenwich, for appellant., Robert M. Winn, District Attorney of Washington County, Fort Edward, for respondent.
Kaye.
Cited by 668 opinions  |  Published

OPINION OF THE COURT

Chief Judge Kaye.

In this prosecution for burglary and related charges, the issue is whether a defendant who pleaded guilty forfeited the right to contend that the fact-finding process of the Grand Jury, culminating in an indictment against him, was impaired by the prosecutor’s introduction of inadmissible hearsay.

During the Grand Jury presentation, the complainant, Harold Stickney, testified that shortly after midnight his wife awoke him after hearing noises outside their home, and called 911; that he saw defendant on their back porch holding a snow shovel; that he watched as defendant unsuccessfully tried to open the sliding glass door to the house, then kicked it in; and that, after pointing an antique gun at defendant, the two struggled and the police arrived. Washington County Deputy[*229] Sheriff Scott Stark testified that, at the scené, he saw Stickney on the ground, and also heard someone running from the house in the snow, whereupon he and his partners chased and apprehended defendant. According to Stark, defendant stated he was on the Stickney property to shovel snow.

Defendant testified on his own behalf before the Grand Jury, admitting a history of alcohol and drug abuse. He claimed that on the night of the incident, he was “all strung out” on prescription medication, felt “extremely paranoid” and wanted to get some fresh air to cool down. Defendant acknowledged going onto the Stickney property, first to the garage and then to the porch, where he picked up a blue shovel that, in the light over the garage, prompted him to hallucinate. Then he saw Harold Stickney holding a gun.

Following this testimony, the prosecutor played a portion of a videotaped television newscast containing first a reporter’s lead-in and then an interview with defendant. The reporter’s full remarks, about a minute in length, noted that elderly homeowners had thwarted an intruder in an attempted break-in, and that defendant was charged with the crime. The prosecutor played two portions of these remarks — the record does not reveal which portions were actually shown to the grand jurors — before fast-forwarding to defendant’s interview. In the interview, defendant claimed to have been on the Stickney property to help them shovel snow.

After playing the videotape, the prosecutor advised the grand jurors that “the only thing we are offering this for, ladies and gentlemen, is the statement made by — that’s the basic statement, the statement that he gave.” The prosecutor then cross-examined defendant about his conflicting statements. At the conclusion of the proceedings, the prosecutor instructed the grand jurors that “only that portion of the tape where [defendant] is making a statement should be considered by you as evidence. The rest of it should be stricken from your deliberations in this case.” Defendant was indicted on charges of first degree burglary, attempted second degree burglary, second degree assault and first degree reckless endangerment.

Defendant sought dismissal of the indictment on the ground that the Grand Jury proceeding was defective because the videotaped remarks amounted to unsworn hearsay that prejudiced him (CPL 210.20, 210.35). The motion court found that the prosecutor had played the reporter’s remarks inadvertently, and denied the application, concluding both that the[*230] prosecutor submitted the tape for the purpose of showing defendant’s contradictory statement and that the reporter’s remarks were, in substance, also testified to under oath by the witnesses in the Grand Jury. Defendant thereafter pleaded guilty to one count of attempted first degree burglary and the Appellate Division affirmed, concluding that defendant’s plea amounted to a “waiver” of the contention that the videotape was improperly admitted before the Grand Jury. We now affirm.

Discussion

A plea of guilty, as we have repeatedly observed, generally marks the end of a criminal case, not a gateway to further litigation (Pe ople v Taylor, 65 NY2d 1, 5). As a rule, a defendant who in open court admits guilt of an offense charged may not later seek review of claims relating to the deprivation of rights that took place before the plea was entered (see, People v Di Raffaele, 55 NY2d 234, 240; see also, Tollett v Henderson, 411 US 258, 267). This is so because a defendant’s “conviction rests directly on the sufficiency of his plea, not on the legal or constitutional sufficiency of any proceedings which might have led to his conviction after trial” (People v Di Raffaele, supra, at 240). A guilty plea will thus encompass a waiver of specific rights attached to trial, such as the right to a trial by jury and to confrontation, and it will also effect a forfeiture of the right to revive certain claims made prior to the plea. [1]

A guilty plea does not, however, extinguish every claim on appeal. The limited issues surviving a guilty plea in the main relate either to jurisdictional matters (such as an insufficient accusatory instrument) or to rights of a constitutional dimension that go to the very heart of the process (such as the constitutional speedy trial right, the protection against double jeopardy or a defendant’s competency to stand trial) (see, People ex rel. Battista v Christian, 249 NY 314, 318; People v Beattie, 80 NY2d 840, 842; see also, Rosenblatt, Cohen and Brownstein, Criminal Appellate Practice, in Ostertag and Benson, General Practice in New York § 38.8, at 32 [25 West’s New York[*231] Practice Series, 1998]). [2] The critical distinction is between defects implicating the integrity of the process, which may survive a guilty plea, and less fundamental flaws, such as evidentiary or technical matters, which do not. [3]

Defendant contends that his guilty plea did not “waive” his right to seek dismissal of the indictment on the ground that the prosecutor, by showing portions of the videotaped reporter’s remarks, impaired the integrity of the Grand Jury proceeding. Defendant’s claim, actually a matter of forfeiture, does not activate a question of jurisdiction. Before a person may be publicly accused of a felony, and required to defend against such charges, the State must persuade a Grand Jury that sufficient legal reasons exist to believe the person guilty (People v Iannone, 45 NY2d 589, 594). That occurred here. An indictment is rendered jurisdictionally defective only if it does not charge the defendant with the commission of a particular crime, by, for example, failing to allege every material element of the crime charged, or alleging acts that do not equal a crime at all (id., at 600). In this case, the Grand Jury returned a valid and sufficient accusatory instrument enabling the court to acquire jurisdiction to try defendant, and requiring him to proceed to trial as to a specific criminal transaction (NY Const, art I, § 6; People ex rel. Battista, supra, 249 NY, at 319; People v Ford, 62 NY2d 275, 281-282).

Additionally, a defendant may not forfeit a claim of a constitutional defect implicating the integrity of the process. Ordinarily, following a defendant’s admission of culpability as to the crime charged, a guilty plea does forfeit a claim “that[*232] the criminal proceedings preliminary to trial were infected with impropriety and error” (People v Di Raffaele, supra, at 240). As the United States Supreme Court has explained, a guilty plea “renders irrelevant those constitutional violations not logically inconsistent with the valid establishment of factual guilt and which do not stand in the way of conviction, if factual guilt is validly established” (Menna v New York, 423 US 61, 63, n 2, supra). Flaws of an evidentiary or technical nature are thus forfeited by a guilty plea.

Defendant in essence seeks a review of the fact-finding process engaged in by the grand jurors with respect to the videotaped remarks. While his constitutional right to be prosecuted on a jurisdictionally valid indictment survived the guilty plea, his right to challenge this evidence did not (see, People v Sobotker, 61 NY2d 44, 48 [although a constitutional right may survive a guilty plea, a related statutory right is forfeited if it confers more than the Constitution requires]). To allow such a right to survive here would be fundamentally inconsistent with the plea of guilty, because, at its base, the claim essentially relates to the quantum of proof required to satisfy the factual elements of the crimes considered by the Grand Jury (see, People v Dunbar, 53 NY2d 868, 871). Having pleaded guilty, defendant is not now entitled to revisit an evidentiary error in a pretrial proceeding (see, People v Di Raffaele, supra, at 240). (We note that defendant, who was present during the showing of the videotape, does not indicate which portions the grand jurors actually saw.)

Defendant’s reliance on People v Pelchat (62 NY2d 97), is misplaced. In Pelchat, the prosecutor knowingly allowed the defendant to enter a guilty plea to a marihuana offense even though there was no evidence before the Grand Jury to support the belief that the defendant had committed a crime. We recognized that the integrity of the criminal justice system would be impaired if a criminal proceeding could continue even after the prosecutor learned that jurisdiction was based on an empty indictment. The prosecutor’s knowledge that the only evidence supporting the accusatory instrument was false rendered the instrument void, and placed the defendant’s claim in that category of rights surviving a guilty plea. Pelchat hinged substantially on the constitutional function of the Grand Jury to indict, as well as on the prosecutor’s duty of fair dealing.

By contrast, here, the motion court held that there was sufficient evidence before the Grand Jury to support every ele[*233] ment of the crimes charged. Obviously, on a motion to dismiss the indictment, the fact that inadmissible evidence, inadvertently adduced, has been introduced into criminal proceedings does not necessarily alter the validity of the proceedings; rather, such a defect renders the indictment dismissible when the remaining evidence is insufficient to sustain the indictment (People v Avant, 33 NY2d 265, 271). After a guilty plea, however, the sufficiency of the evidence before the Grand Jury cannot be challenged (People v Kazmarick, 52 NY2d 322, 326).

Defendant relies additionally on our statement that “defects in Grand Jury proceedings (as opposed to claims of insufficiency of evidence to support the indictment, which are barred by CPL 210.30 [6]) may be raised even after a plea of guilty” (People v Wilkins, 68 NY2d 269, 277, n 7). However, our decision in People v Dunbar (53 NY2d 868, supra), upon which the Wilkins footnote relied, was limited to review of a defect alleged to be of a jurisdictional nature: whether a nonresident Special Assistant District Attorney had authority to present a matter to a Grand Jury (People v Dunbar, supra, at 871). Jurisdictional matters, of course, do survive the entry of a guilty plea. Thus, Wilkins does not expand the limited group of issues that survive a guilty plea.

Accordingly, the order of the Appellate Division should be affirmed.

Judges Smith, Levine, Ciparick, Wesley and Rosenblatt concur.

Order affirmed.

1

. Forfeiture occurs by operation of law as a consequence of the guilty plea, with respect to issues that do not survive the plea. Waiver occurs when a defendant intentionally relinquishes or abandons a known right that would otherwise survive a guilty plea (see, People v Thomas, 53 NY2d 338, 342, n 2). A waiver of the claims that survive a guilty plea may also be bargained-for, such as the waiver of the right to appeal (People v Seaberg, 74 NY2d 1, 10).

2

. A defendant may raise, after a guilty plea, certain constitutional claims such as the voluntariness of a plea (People v Seaberg, supra, 74 NY2d, at 10); speedy trial claims (People v Blakley, 34 NY2d 311, 314); double jeopardy claims (Menna v New York, 423 US 61); competence to stand trial (People v Armlin, 37 NY2d 167, 172; People v Francabandera, 33 NY2d 429, 434-435); and the constitutionality of a statute under which the defendant was convicted (People v Lee, 58 NY2d 491, 494).

3

. Claims that are foreclosed by a guilty plea have, for example, included pre-indictment prosecutorial misconduct (People v Di Raffaele, 55 NY2d 234, supra)-, selective prosecution (People v Rodriguez, 55 NY2d 776); failure to provide CPL 710.30 notice (People v Taylor, 65 NY2d 1, supra)-, the statutory right to a speedy trial (People v Friscia, 51 NY2d 845; People v Brothers, 50 NY2d 413); the denial of an application for leave to file a late motion to suppress (People v Petgen, 55 NY2d 529); transactional immunity (People v Flihan, 73 NY2d 729); the exercise of alleged discriminatory peremptory challenges (People v Green, 75 NY2d 902); an ex post facto challenge to an evidentiary rule change (People v Latzer, 71 NY2d 920); and alleged unconstitutional statutory presumptions (People v Thomas, 53 NY2d 338, supra).