Opinion
02-29-2024
The PEOPLE of the State of New York, Respondent, v. Jonathan MOON, Defendant-Appellant.
Twyla Carter, The Legal Aid Society, New York (Steven J. Miraglia of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Alex King of counsel), for respondent.
Twyla Carter, The Legal Aid Society, New York (Steven J. Miraglia of counsel), for appellant.
Alvin L. Bragg, Jr., District Attorney, New York (Alex King of counsel), for respondent.
Manzanet-Daniels, J.P., Moulton, Scarpulla, Mendez, O’Neill Levy, JJ.
Judgment, Supreme Court, New York County (Kevin McGrath, J.), rendered February 21, 2018, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony drug offender with a prior violent felony conviction, to a term of 2½ years, unanimously affirmed.
By pleading guilty, defendant forfeited his right to appellate review of the court’s denial of his CPL 210.40 motion to dismiss the indictment in furtherance of justice (see People v. Curley, 212 A.D.3d 444, 445, 179 N.Y.S.3d 574 [1st Dept. 2023], lv denied 39 N.Y.3d 1154, 190 N.Y.S.3d 676, 211 N.E.3d 1129 [2023]). Defendant also waived his claim by validly waiving his right to appeal (see People v. Cortes, 44 A.D.3d 538, 843 N.Y.S.2d 507 [1st Dept. 2007], lv denied 9 N.Y.3d 1032, 852 N.Y.S.2d 17, 881 N.E.2d 1204 [2008]). In any event, even if the claim survives defen- dant’s guilty plea and his waiver of the right to appeal, we would find that the court providently exercised its discretion in denying the motion.