From Casetext: Smarter Legal Research

People v. Kilmer

Appellate Division of the Supreme Court of New York, Third Department
Jun 13, 1996
228 A.D.2d 808 (N.Y. App. Div. 1996)

Opinion

June 13, 1996

Appeal from the County Court of Columbia County (Leaman, J.).


Defendant entered counseled guilty pleas to each count of an indictment in full satisfaction of that indictment and a number of unspecified additional uncharged crimes with the express understanding that he would be sentenced as a predicate felony offender to a prison term of 3 1/2 to 7 years. Sentenced in accordance with the plea bargain, defendant now appeals, challenging County Court's determination of his suppression and Sandoval motions.

We affirm. As a preliminary matter, we note that a plea of guilty works a forfeiture of nonjurisdictional defects ( see, People v. Taylor, 65 N.Y.2d 1), including adverse rulings on a Sandoval application ( see, People v. Otero, 184 A.D.2d 484, lv denied 80 N.Y.2d 976; People v. Gerber, 182 A.D.2d 252, 259-260, lv denied 80 N.Y.2d 1026; People v. Crouch, 161 A.D.2d 834). Therefore, by pleading guilty, defendant has removed from the case any appealable issue concerning the propriety of County Court's Sandoval ruling ( see, People v. Taylor, supra, at 7).

Turning now to the suppression issue, which has been preserved for our consideration by express statutory provision (CPL 710.70), we conclude that County Court did not err in its determination. The record of the suppression hearing provides ample support for County Court's conclusion that the challenged statement, made in Hudson City Court at the time of defendant's arraignment on the felony complaint, was not the product of any questioning but, rather, was spontaneously volunteered after defendant had been fully apprised of his rights ( see, e.g., People v. Rivers, 56 N.Y.2d 476; People v. Wimberly, 145 A.D.2d 823, 824-825, lv denied 73 N.Y.2d 1024).

Cardona, P.J., Mikoll, White and Spain, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Kilmer

Appellate Division of the Supreme Court of New York, Third Department
Jun 13, 1996
228 A.D.2d 808 (N.Y. App. Div. 1996)
Case details for

People v. Kilmer

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLARENCE KILMER…

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

Date published: Jun 13, 1996

Citations

228 A.D.2d 808 (N.Y. App. Div. 1996)
643 N.Y.S.2d 431

Citing Cases

People v. Nichols

nce the authorities observed defendant spitting bags of narcotics onto the sidewalk in the course of that…

People v. McCorkle

Moreover, "since defendant pleaded guilty to a lesser crime than the one charged in the indictment, a factual…