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People v. Crummell

Appellate Division of the Supreme Court of New York, Second Department
May 31, 2011
84 A.D.3d 1393 (N.Y. App. Div. 2011)

Opinion

No. 2010-04754.

May 31, 2011.

Appeal by the defendant from a judgment of the County Court, Nassau County (Peck, J.), rendered May 6, 2010, convicting him of criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, and criminal possession of a weapon in the fourth degree, upon his plea of guilty, and imposing sentence.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Jacqueline Rosenblum of counsel), for respondent.

Before: Rivera, J.P., Balkin, Lott and Austin, JJ.


Ordered that the judgment is affirmed.

Although the defendant's challenge to the count in the indictment charging criminal possession of a weapon in the second degree as jurisdictionally defective survives the valid entry of his plea of guilty and waiver of the right to appeal ( see People v Iannone, 45 NY2d 589, 600; People v Brown, 75 AD3d 655, 656; People v Libby, 246 AD2d 669, 670), that count was not jurisdictionally defective ( see People v Hansen, 95 NY2d 227, 231; People v Ray, 71 NY2d 849, 850).

The defendant's remaining contentions are forfeited by his plea of guilty ( see People v Brown, 75 AD3d at 656; People v Greeman, 49 AD3d 463, 464; People v Skya, 43 AD3d 1190).


Summaries of

People v. Crummell

Appellate Division of the Supreme Court of New York, Second Department
May 31, 2011
84 A.D.3d 1393 (N.Y. App. Div. 2011)
Case details for

People v. Crummell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CURTIS CRUMMELL…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 31, 2011

Citations

84 A.D.3d 1393 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 4695
924 N.Y.S.2d 290

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