People v. Powless

Oct 2, 2009
Versions:66 A.D.3d 1353
885 N.Y.S.2d 682

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his guilty plea of two counts of sodomy in the first degree (Penal Law former § 130.50 [1]). A guilty plea “generally results in a forfeiture of the right to appellate review of any nonjurisdictional defects in the proceedings” (People v Fernandez, 67 NY2d 686, 688 [1986]). Although ”CPL 710.70 (2) carves out a limited exception providing that an order finally denying a motion to suppress evidence may be reviewed on appeal from a final judgment of conviction, even one entered upon a guilty plea,” that exception does not apply here because defendant pleaded guilty before County Court issued a suppression ruling, let alone a final suppression order (id.; see People v Graham, 42 AD3d 933, 933-934 [2007], lv denied 9 NY3d 876 [2007]). We have considered the remaining contentions of defendant in his pro se supplemental brief and conclude that they are without merit.

Present—Hurlbutt, J.P., Centra, Fahey, Pine and Gorski, JJ.