Opinion
No. 200 KA 18-01100
03-22-2024
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. SHAWN G. GRANGER, DEFENDANT-APPELLANT.
KATHLEEN E. CASEY, BARKER, FOR DEFENDANT-APPELLANT. KRISTYNA S. MILLS, DISTRICT ATTORNEY, WATERTOWN (MORGAN R. MAYER OF COUNSEL), FOR RESPONDENT.
KATHLEEN E. CASEY, BARKER, FOR DEFENDANT-APPELLANT.
KRISTYNA S. MILLS, DISTRICT ATTORNEY, WATERTOWN (MORGAN R. MAYER OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., LINDLEY, GREENWOOD, NOWAK, AND KEANE, JJ.
Appeal from a judgment of the Jefferson County Court (Kim H. Martusewicz, J.), rendered March 7, 2018. The judgment convicted defendant upon his plea of guilty of criminal possession of a controlled substance in the third degree and reckless endangerment in the second 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, inter alia, criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [12]). Even assuming, arguendo, that defendant's waiver of the right to appeal is invalid, defendant forfeited the right to raise the suppression issues on appeal inasmuch as he pleaded guilty before County Court issued a ruling thereon (see CPL 710.70 [2]; People v Fernandez, 67 N.Y.2d 686, 688 [1986]; People v Dix, 170 A.D.3d 1575, 1576 [4th Dept 2019], lv denied 33 N.Y.3d 1030 [2019]; see also People v Monk, 189 A.D.3d 1970, 1971-1972 [3d Dept 2020], lv denied 37 N.Y.3d 958 [2021]).