Opinion
2011-12-6
The PEOPLE, etc., respondent, v. Olsen KEY, appellant.
Michael A. Fiechter, Bellmore, N.Y., for appellant. *901 Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Sarah S. Rabinowitz of counsel), for respondent.
Michael A. Fiechter, Bellmore, N.Y., for appellant. *901 Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Sarah S. Rabinowitz of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Nassau County (Donnino, J.), rendered June 30, 2010, convicting him of kidnapping in the second degree, assault in the first degree (two counts), and criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's claims pertaining to the grand jury presentation were forfeited by his plea of guilty ( see People v. Crumpler, 70 A.D.3d 1396, 1397, 894 N.Y.S.2d 303; People v. Martin, 55 A.D.3d 1236, 1238, 864 N.Y.S.2d 582; People v. Greeman, 49 A.D.3d 463, 464, 853 N.Y.S.2d 557; People v. Winchester, 38 A.D.3d 1336, 1337, 831 N.Y.S.2d 798; People v. Santiago, 305 A.D.2d 1109, 1110, 757 N.Y.S.2d 922; People v. Sachs, 280 A.D.2d 966, 967, 721 N.Y.S.2d 214; People v. Butler, 198 A.D.2d 427, 605 N.Y.S.2d 915; People v. Quackenbush, 98 A.D.2d 875, 470 N.Y.S.2d 855). Furthermore, the County Court did not improvidently exercise its discretion in denying the defendant's motion to withdraw his plea of guilty ( see CPL 220.60[3]; People v. Meyers, 204 A.D.2d 492, 614 N.Y.S.2d 167).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675; People v. Kazepis, 101 A.D.2d 816, 475 N.Y.S.2d 351).
The defendant's remaining contention is without merit.