People v. SkyaPeople v. Skya
The insufficiency of factual allegations in an indictment is a nonjurisdictional defect (see Matter of Taub v Altman, 3 NY3d 30, 40 n 8 [2004]; People v Iannone, 45 NY2d 589, 600-601 [1978]; People v George, 261 AD2d 711, 713 [1999]), and claims made in the trial level courts regarding nonjurisdictional defects in a jurisdictionally-sufficient accusatory instrument are forfeited by a defendant‘s plea of guilty (see People v Taylor, 65 NY2d 1, 5 [1985]; cf. People v Parilla, 8 NY3d 654, 659 [2007]). By pleading guilty, the defendant has forfeited his claim that the indictment did not sufficiently allege facts constituting the charged crimes (see People v Taylor, 65 NY2d 1, 5 [1985]).
Additionally, by pleading guilty, the defendant has forfeited his claim that his conduct did not satisfy the elements of the offense charged in the first four counts of the indictment (see People v Shearer, 29 AD3d 608, 609 [2006]). The defendant does not make a similar claim with respect to the fifth count. Crane, J.P., Goldstein, Dillon and Carni, JJ., concur.