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.
MEMORANDUM AND ORDER
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, 894 N.Y.S.2d 682 [4th Dept. 2010], lv denied 14 N.Y.3d 889, 903 N.Y.S.2d 777, 929 N.E.2d 1012 [2010] ; People v. Jimenez , 277 A.D.2d 956, 956, 716 N.Y.S.2d 635 [4th Dept. 2000], lv denied 96 N.Y.2d 784, 725 N.Y.S.2d 649, 749 N.E.2d 218 [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, 104 N.Y.S.3d 478 [4th Dept. 2019], lv denied 34 N.Y.3d 953, 110 N.Y.S.3d 626, 134 N.E.3d 625 [2019], reconsideration denied 34 N.Y.3d 1081, 116 N.Y.S.3d 161, 139 N.E.3d 819 [2019] ; People v. Caldwell , 71 A.D.3d 1515, 1515-1516, 895 N.Y.S.2d 905 [4th Dept. 2010], lv denied 15 N.Y.3d 772, 907 N.Y.S.2d 461, 933 N.E.2d 1054 [2010] ; People v. Oliveri , 49 A.D.3d 1208, 1209, 856 N.Y.S.2d 354 [4th Dept. 2008] ; People v. Vega , 24 A.D.3d 1260, 1260, 806 N.Y.S.2d 828 [4th Dept. 2005], lv denied 7 N.Y.3d 764, 819 N.Y.S.2d 890, 853 N.E.2d 261 [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, 155 N.Y.S.3d 264 [4th Dept. 2021], lv denied 37 N.Y.3d 1096, 156 N.Y.S.3d 787, 178 N.E.3d 434 [2021] ).