| People v Alvarado |
| 2013 NY Slip Op 00601 [103 AD3d 1101] |
| February 1, 2013 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v JoseAlvarado, Appellant. |
—[*1] Cindy F. Intschert, District Attorney, Watertown (Kristyna S. Mills of counsel), forrespondent.
Appeal from a judgment of the Jefferson County Court (Kim H. Martusewicz, J.),rendered August 8, 2011. The judgment convicted defendant, upon his plea of guilty, ofcriminal possession of a controlled substance in the third degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty ofcriminal possession of a controlled substance in the third degree (Penal Law §220.16 [1]), defendant contends that County Court erred in admitting certain recordedconversations in evidence at trial before he pleaded guilty. By pleading guilty, defendantforfeited his right to seek our review of that contention. " 'A guilty plea generally resultsin a forfeiture of the right to appellate review of any nonjurisdictional defects in theproceedings' " (People vLeary, 70 AD3d 1394, 1395 [2010], lv denied 14 NY3d 889 [2010],quoting People v Fernandez, 67 NY2d 686, 688 [1986]). "This is so because adefendant's 'conviction rests directly on the sufficiency of his plea, not on the legal orconstitutional sufficiency of any proceedings which might have led to his convictionafter trial' . . . A guilty plea will thus . . . effect a forfeiture ofthe right to revive certain claims made prior to the plea" (People v Hansen, 95NY2d 227, 230 [2000]). Here, defendant challenges the admissibility of the recordings,both at the audibility hearing and at the trial. Issues arising from an audibility hearing areforfeited by a plea of guilty (see People v Jimenez, 277 AD2d 956, 956-957[2000], lv denied 96 NY2d 784 [2001]), as are challenges to evidentiary rulingsmade during trial (see People vDavis, 99 AD3d 1228, 1229 [2012]).
Finally, the sentence is not unduly harsh or severe. Present—Smith, J.P.,Peradotto, Lindley, Whalen and Martoche, JJ.