| People v Cochran |
| 2013 NY Slip Op 08152 [112 AD3d 997] |
| December 5, 2013 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, vGregory Cochran, Appellant. |
—[*1] James R. Farrell, District Attorney, Monticello (Bonnie M. Mitzner of counsel), forrespondent.
Rose, J.P. Appeal from a judgment of the County Court of Sullivan County (LaBuda,J.), rendered December 16, 2011, convicting defendant upon his plea of guilty of thecrimes of criminal sale of a controlled substance in the third degree, criminal possessionof a weapon in the second degree and criminal possession of a controlled substance inthe third degree.
Defendant pleaded guilty to criminal sale of a controlled substance in the thirddegree, criminal possession of a weapon in the second degree and criminal possession ofa controlled substance in the third degree in full satisfaction of a seven-count indictmentand waived his right to appeal. In accordance with the plea agreement, County Courtthereafter sentenced him, as a second felony offender, to an aggregate prison term of 12years, to be followed by five years of postrelease supervision. Defendant now appeals.
We affirm. By entering a knowing, voluntary and intelligent guilty plea before asuppression hearing was held, defendant forfeited his right to appellate review of his solecontention on appeal, that his arrest arose out of an unlawful search and seizure (see People v Buckler, 80AD3d 889, 890 [2011], lv denied 17 NY3d 804 [2011]; People v Costa, 4 AD3d675, 676 [2004], lv denied 2 NY3d 797 [2004]; People v Huff, 257AD2d 678, 679 [1999], lv denied 93 NY2d 854 [1999]). Accordingly, thejudgment is affirmed.[*2]
Spain, Garry and Egan Jr., JJ., concur. Orderedthat the judgment is affirmed.