Opinion
No. 112277
10-05-2023
The People of the State of New York, Respondent, v. Floyd Bruce, Appellant.
Rural Law Center of New York, Inc., Plattsburgh (Keith F. Schockmel of counsel), for appellant. Gary M. Pasqua, District Attorney, Canton (Matthew L. Peabody of counsel), for respondent.
Calendar Date:September 12, 2023
Rural Law Center of New York, Inc., Plattsburgh (Keith F. Schockmel of counsel), for appellant.
Gary M. Pasqua, District Attorney, Canton (Matthew L. Peabody of counsel), for respondent.
Before: Egan Jr., J.P., Lynch, Reynolds Fitzgerald, Ceresia and Fisher, JJ.
Egan Jr., J.P.
Appeal from a judgment of the County Court of St. Lawrence County (John F. Richey, J.), rendered January 6, 2020, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.
Defendant was charged by indictment with two counts of promoting prison contraband in the first degree for possessing two separate sharpened pieces of metal while serving a prison sentence. Pursuant to a plea agreement, defendant pleaded guilty to one count of the reduced charge of attempted promoting prison contraband in the first degree and waived his right to appeal. Defendant was thereafter sentenced, as a second felony offender, to the agreed-upon term of 1½ to 3 years in prison, to run consecutively to the sentence that he was then serving. Defendant appeals.
Defendant does not challenge his waiver of appeal.
We affirm. Defendant's sole contention on appeal is that alleged defects in the People's presentation of certain evidence and testimony before the grand jury impaired the integrity of the grand jury proceeding. Our review of defendant's claims, however, reveal that the flaws alleged are of a technical or evidentiary nature and do not rise to the level of a constitutional or jurisdictional defect implicating the integrity of the process. Thus, they have been forfeited by his unchallenged guilty plea (see People v Guerrero, 28 N.Y.3d 110, 115-116 [2016]; People v Wilburn, 158 A.D.3d 894, 894-895 [3d Dept 2018], lv denied 31 N.Y.3d 1123 [2018]; People v Rivera, 93 A.D.3d 409, 409-410 [1st Dept 2012], lv denied 19 N.Y.3d 866 [2012]; People v Robertson, 279 A.D.2d 711, 712-713 [3d Dept 2001], lv denied 96 N.Y.2d 805 [2001]).
Lynch, Reynolds Fitzgerald, Ceresia and Fisher, JJ., concur.
ORDERED that the judgment is affirmed.