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People v. Dunn

Appellate Division of the Supreme Court of New York, Second Department
Aug 28, 1995
218 A.D.2d 814 (N.Y. App. Div. 1995)

Opinion

August 28, 1995

Appeal from the County Court, Orange County (Berry, J.).


Ordered that the judgment is affirmed.

The defendant pleaded guilty prior to a decision by the hearing court on that branch of his omnibus motion which was to suppress physical evidence. Thus, he forfeited his right to appellate review of any suppression issue (see, People v. Fernandez, 67 N.Y.2d 686; People v. Patterson, 194 A.D.2d 748).

The defendant has waived his claim that the second felony offender statement was defective by his failure to timely raise the issue (see, People v. Smith, 73 N.Y.2d 961; People v Hamilton, 205 A.D.2d 706).

The defendant's claim of ineffective assistance of counsel is unsupported by the record. Finally, the defendant's sentence is not excessive (see, People v. Suitte, 90 A.D.2d 80). Balletta, J.P., Thompson, Santucci, Altman and Hart, JJ., concur.


Summaries of

People v. Dunn

Appellate Division of the Supreme Court of New York, Second Department
Aug 28, 1995
218 A.D.2d 814 (N.Y. App. Div. 1995)
Case details for

People v. Dunn

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL DUNN, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 28, 1995

Citations

218 A.D.2d 814 (N.Y. App. Div. 1995)
631 N.Y.S.2d 255

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