PEOPLE v. GONZALEZ (2004)

Judgment, Supreme Court, New York County (Harold Beeler, J.), rendered May 15, 2002, convicting defendant, upon his guilty plea, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 1/212 to 9 years, unanimously affirmed.

By pleading guilty, defendant forfeited his essentially evidentiary claim that when he testified before the grand jury he was improperly questioned about a prior incident for which he was already indicted (see People v. Hansen, 95 N.Y.2d 227, 715 N.Y.S.2d 369, 738 N.E.2d 773).   In any event, the claim finds no support in the record.   After executing a waiver of immunity, defendant was properly questioned about both events inasmuch as the People were seeking a superseding indictment to cover both incidents.