| People v Parker |
| 2017 NY Slip Op 05019 [151 AD3d 1876] |
| June 16, 2017 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, v Durval W.Parker, Appellant. |
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Timothy P. Murphy of counsel), fordefendant-appellant.
Eric T. Schneiderman, Attorney General, Albany (Hannah Stith Long of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Erie County (M. William Boller, A.J.),rendered April 21, 2015. The judgment convicted defendant, upon his plea of guilty, of criminalpossession of a controlled substance in the third degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty,of criminal possession of a controlled substance in the third degree (Penal Law§ 220.16 [12]). Defendant's sole contention is that, under CPL 20.40 and the NewYork Constitution, the Erie County grand jury lacked authority and jurisdiction to indict him forthe crime committed in Niagara County to which he pleaded guilty. We conclude that defendant'scontention is foreclosed by his valid waiver of the right to appeal (see generally People vMuniz, 91 NY2d 570, 573-574 [1998]). Although defendant contends that the waiver doesnot encompass his challenge to the geographic jurisdiction of the grand jury inasmuch as thatissue was not specifically mentioned during the waiver colloquy, the court "need not expresslydelineate for a defendant those appellate issues that are foreclosed by a waiver of the right toappeal, and those that survive, in order for the court to obtain a valid appeal waiver" (People v Nickell, 49 AD3d 1024,1025 [2008]). We note, in any event, that defendant's challenge to geographical jurisdiction inErie County is foreclosed by his guilty plea (see People v Hand, 140 AD3d 636, 637 [2016], lv denied28 NY3d 971 [2016]). Present—Whalen, P.J., Peradotto, DeJoseph, Curran and Winslow,JJ.