People v. Smith, 77 A.D.3d 990 (N.Y. App. Div. 2010). · Go Syfert
People v. Smith, 77 A.D.3d 990 (N.Y. App. Div. 2010). Cases Citing This Book View Copy Cite
4 citation events across 1 distinct court.
Strongest positive: People v. Boyd (nyappdiv, 2022-06-23)
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discussed Cited as authority (rule) People v. Boyd
N.Y. App. Div. · 2022 · confidence medium
To the extent that defendant also claims that the People's failure to file a special information charging the prior criminal conviction constitutes a jurisdictional defect, "an indictment is not rendered jurisdictionally defective . . . when the prosecution has failed to file a required special information and such a defect is deemed waived by defendant's knowing and voluntary guilty plea" ( People v Smith , 77 AD3d 990, 990-991 [2010] [internal quotation marks and citation omitted], lv denied 16 NY3d 746 [2011]; see People v Sanchez , 55 AD3d 460, 460 [2008], lv denied 11 NY3d 930 [2009]; Peo…
discussed Cited as authority (rule) People v. Dixon
N.Y. App. Div. · 2017 · confidence medium
That defect, however, is not jurisdictional in nature (see generally People v Dickinson, 78 AD3d 1237, 1239 [2010], revd on other grounds 18 NY3d 835 [2011]; People v Smith, 77 AD3d 990, 990-991 [2010], lv denied 16 NY3d 746 [2011]), and thus defendant’s contention was forfeited by his plea (see People v Cox, 275 AD2d 924, 925 [2000], lv denied 95 NY2d 962 [2000]).
discussed Cited as authority (rule) People v. Dixon
N.Y. App. Div. · 2017 · confidence medium
That defect, however, is not jurisdictional in nature (see generally People v Dickinson, 78 AD3d 1237, 1239 [2010], revd on other grounds 18 NY3d 835 [2011]; People v Smith, 77 AD3d 990, 990-991 [2010], lv denied 16 NY3d 746 [2011]), and thus defendant’s contention was forfeited by his plea (see People v Cox, 275 AD2d 924, 925 [2000], lv denied 95 NY2d 962 [2000]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Daryl M. Smith
Appellate Division of the Supreme Court of the State of New York.
Oct 7, 2010.
77 A.D.3d 990
Malone.
Cited by 4 opinions  |  Published
Malone Jr., J.

Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered June 5, 2009, convicting defendant upon his plea of guilty of the crime of failure to register under the Sex Offender Registration Act.

Defendant was convicted in 1996 of sexual abuse in the second degree, which required him to register under the Sex Offender Registration Act (see Correction Law art 6-C). He was convicted of failure to register in 2006 (see Correction Law § 168-t). Two years later, he again failed to comply with the registration requirements and was charged in an indictment with two counts of failure to register. Defendant pleaded guilty to one of the counts in satisfaction of the indictment and, as agreed, was sentenced to a jail term of one year.

Upon this appeal, defendant argues that the indictment was jurisdictionally defective due to the People’s failure to file a special information alleging that he had previously been convicted of failure to register, as required to raise the offenses charged from class E to class D felonies (see Correction Law § 168-t; CPL 200.60 [2]). The People did not seek to rely upon the prior conviction, however, and defendant pleaded guilty to failure to register as a class E felony. In any event, “an indictment is not rendered jurisdictionally defective even when the prosecution has failed to file a required special information and such a defect is deemed waived by defendant’s knowing and vol[*991] untary guilty plea” (People v Williamson, 301 AD2d 860, 862 [2003] , lv denied 100 NY2d 567 [2003]; see People v Downs, 26 AD3d 525, 526 [2006], lv denied 6 NY3d 847 [2006]).

Mercure, J.P., McCarthy, Garry and Egan Jr., JJ., concur. Ordered that the judgment is affirmed.