| People v Powless |
| 2009 NY Slip Op 06905 [66 AD3d 1353] |
| October 2, 2009 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v James H.Powless, Appellant. |
—[*1] James H. Powless, defendant-appellant pro se. Joseph V. Cardone, District Attorney, Albion (Katherine Bogan of counsel), forrespondent.
Appeal from a judgment of the Orleans County Court (James P. Punch, J.), rendered June 2,2008. The judgment convicted defendant, upon his plea of guilty, of sodomy in the first degree(two counts).
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 oftwo 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 defectsin the proceedings" (People v Fernandez, 67 NY2d 686, 688 [1986]). Although "CPL710.70 (2) carves out a limited exception providing that an order finally denying a motion tosuppress evidence may be reviewed on appeal from a final judgment of conviction, even oneentered upon a guilty plea," that exception does not apply here because defendant pleaded guiltybefore County Court issued a suppression ruling, let alone a final suppression order (id.;see People v Graham, 42 AD3d933, 933-934 [2007], lv denied 9 NY3d 876 [2007]). We have considered theremaining contentions of defendant in his pro se supplemental brief and conclude that they arewithout merit. Present—Hurlbutt, J.P., Centra, Fahey, Pine and Gorski, JJ.