People v Crummell
2011 NY Slip Op 04695 [84 AD3d 1393]
May 31, 2011
Appellate Division, Second Department
As corrected through Wednesday, July 6, 2011


The People of the State of New York, Respondent,
v
CurtisCrummell, Appellant.

[*1]Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A. Schwartz and JacquelineRosenblum of counsel), for respondent.

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 thefourth degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Although the defendant's challenge to the count in the indictment charging criminalpossession of a weapon in the second degree as jurisdictionally defective survives the valid entryof his plea of guilty and waiver of the right to appeal (see People v Iannone, 45 NY2d589, 600 [1978]; People v Brown, 75 AD3d 655, 656 [2010]; People v Libby,246 AD2d 669, 670 [1998]), that count was not jurisdictionally defective (see People vHansen, 95 NY2d 227, 231 [2000]; People v Ray, 71 NY2d 849, 850 [1988]).

The defendant's remaining contentions are forfeited by his plea of guilty (see People vBrown, 75 AD3d at 656; People v Greeman, 49 AD3d 463, 464 [2008]; People vSkya, 43 AD3d 1190 [2007]). Rivera, J.P., Balkin, Lott and Austin, JJ., concur.


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