Opinion
222 KA 20-01684
03-11-2022
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. BRADLEY ZADUL, DEFENDANT-APPELLANT.
J. SCOTT PORTER, SENECA FALLS, FOR DEFENDANT-APPELLANT. TODD J. CASELLA, DISTRICT ATTORNEY, PENN YAN, FOR RESPONDENT.
J. SCOTT PORTER, SENECA FALLS, FOR DEFENDANT-APPELLANT.
TODD J. CASELLA, DISTRICT ATTORNEY, PENN YAN, FOR RESPONDENT.
PRESENT: WHALEN, P.J., SMITH, NEMOYER, CURRAN, AND BANNISTER, JJ.
Appeal from a judgment of the Yates County Court (Jason L. Cook, J.), rendered October 20, 2020. The judgment convicted defendant upon a plea of guilty of criminal possession of a weapon in the second degree.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]). To the extent that defendant's contentions are not forfeited by his plea of guilty (see People v Leary, 70 A.D.3d 1394, 1395 [4th Dept 2010], lv denied 14 N.Y.3d 889 [2010]; People v Jimenez, 277 A.D.2d 956, 956 [4th Dept 2000], lv denied 96 N.Y.2d 784 [2001]), our review of them is precluded by defendant's valid waiver of the right to appeal (see People v Richardson, 173 A.D.3d 1859, 1860 [4th Dept 2019], lv denied 34 N.Y.3d 953 [2019], reconsideration denied 34 N.Y.3d 1081 [2019]; People v Caldwell, 71 A.D.3d 1515, 1515-1516 [4th Dept 2010], lv denied 15 N.Y.3d 772 [2010]; People v Oliveri, 49 A.D.3d 1208, 1209 [4th Dept 2008]; People v Vega, 24 A.D.3d 1260, 1260 [4th Dept 2005], lv denied 7 N.Y.3d 764 [2006]). We note only that the uniform sentence and commitment form erroneously reflects that defendant was convicted of criminal possession of a weapon in the second degree under Penal Law § 265.03 (2) and must be amended to reflect that he was convicted under Penal Law § 265.03 (3) (see People v Ealahan, 198 A.D.3d 1376, 1377 [4th Dept 2021], lv denied 37 N.Y.3d 1096 [2021]).