Opinion
2013-12-5
The PEOPLE of the State of New York, Respondent, v. Gregory COCHRAN, Appellant.
Claire Sullivan, Monticello, for appellant. James R. Farrell, District Attorney, Monticello (Bonnie M. Mitzner of counsel), for respondent.
Claire Sullivan, Monticello, for appellant. James R. Farrell, District Attorney, Monticello (Bonnie M. Mitzner of counsel), for respondent.
Before: Rose, J.P., Spain, Garry and Egan Jr., JJ.
ROSE, J.P.
Appeal from a judgment of the County Court of Sullivan County (LaBuda, J.), rendered December 16, 2011, convicting defendant upon his plea of guilty of the crimes of criminal sale of a controlled substancein the third degree, criminal possession of a weapon in the second degree and criminal possession of a controlled substance in the third degree.
Defendant pleaded guilty to criminal sale of a controlled substance in the third degree, criminal possession of a weapon in the second degree and criminal possession of a controlled substance in the third degree in full satisfaction of a seven-count indictment and waived his right to appeal. In accordance with the plea agreement, County Court thereafter sentenced him, as a second felony offender, to an aggregate prison term of 12 years, to be followed by five years of postrelease supervision. Defendant now appeals.
We affirm. By entering a knowing, voluntary and intelligent guilty plea before a suppression hearing was held, defendant forfeited his right to appellate review of his sole contention on appeal, that his arrest arose out of an unlawful search and seizure ( see People v. Buckler, 80 A.D.3d 889, 890, 914 N.Y.S.2d 773 [2011], lv. denied17 N.Y.3d 804, 929 N.Y.S.2d 564, 953 N.E.2d 802 [2011]; People v. Costa, 4 A.D.3d 675, 676, 771 N.Y.S.2d 924 [2004], lv. denied2 N.Y.3d 797, 781 N.Y.S.2d 297, 814 N.E.2d 469 [2004]; People v. Huff, 257 A.D.2d 678, 679, 683 N.Y.S.2d 352 [1999], lv. denied93 N.Y.2d 854, 688 N.Y.S.2d 501, 710 N.E.2d 1100 [1999] ). Accordingly, the judgment is affirmed.
ORDERED that the judgment is affirmed. SPAIN, GARRY and EGAN JR., JJ., concur.