| People v Smith |
| 2012 NY Slip Op 08047 [100 AD3d 936] |
| November 21, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Robert Smith, Appellant. |
—[*1] William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Forman,J.), rendered August 4, 2011, convicting him of criminal possession of a controlled substance inthe third degree, upon his plea of guilty, and sentencing him to a determinate term ofimprisonment of two years, plus a period of two years of postrelease supervision, and a forfeitureof the United States currency and cellular telephone seized at the time of his arrest.
Ordered that the judgment is modified, on the law, by vacating that portion of the sentencewhich imposed the forfeiture of the cellular telephone seized at the time of the defendant's arrest;as so modified, the judgment is affirmed.
The defendant contends that the County Court erred in failing to dismiss the indictment inthe interest of justice (see CPL 210.40 [1]; People v Clayton, 41 AD2d 204[1973]). However, by pleading guilty, the defendant forfeited his right to raise that issue onappeal (see People v Travis, 205 AD2d 648, 648 [1994]; People v Merlo, 195AD2d 576, 576 [1993]; People v Mitchell, 189 AD2d 900, 900 [1993]; People vPurcell, 161 AD2d 812, 813 [1990]; People v Macy, 100 AD2d 557, 557 [1984]).
Under the particular circumstances of this case, we deem it appropriate to vacate that portionof the defendant's sentence which imposed the forfeiture of the cellular telephone seized at thetime of his arrest. Rivera, J.P., Dickerson, Hall and Miller, JJ., concur.