People v Dilione

Holding The court affirmed the denial of the defendant’s CPL 440.10 motion, finding the claim of grand jury misconduct procedurally barred and alternatively lacking merit. The court also upheld the denial of the motion to withdraw the guilty plea, determining the plea was entered knowingly, intelligently, and voluntarily.

The court’s words

This claim was procedurally barred, because defendant filed a prior CPL 440.10 motion in which he could have raised the same claim

2026 NY Slip Op 05496, at the official text

credible police testimony established that until the victim's body was found, the police viewed their investigation into the victim's disappearance primarily as a missing person investigation

2026 NY Slip Op 05496, at the official text

the record establishes that defendant knowingly, intelligently, and voluntarily pleaded guilty after a thorough allocution in which he admitted his guilt

2026 NY Slip Op 05496, at the official text