Opinion
June 5, 1980
Appeal from a judgment of the County Court of Ulster County, rendered April 27, 1979, convicting the defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the third degree. The defendant was indicted for three counts of criminal possession of a controlled substance in the second degree; three counts of criminal possession of a controlled substance in the fifth degree; one count of criminal possession of a controlled substance in the sixth degree; two counts of criminal possession of a controlled substance in the second degree; and one count of burglary in the third degree. On March 28, 1978, the defendant was permitted to plead guilty to a reduced charge under the first count of the indictment, i.e., criminal possession of a controlled substance in the third degree. On this appeal, the defendant seeks to attack his conviction for the reason that the evidence elicited before the Grand Jury which found the indictment was constitutionally impermissibly obtained. The defendant's voluntary plea of guilty waived any such error (People v. Bogatin, 48 A.D.2d 674). Judgment affirmed. Greenblott, J.P., Sweeney, Kane, Staley, Jr., and Casey, JJ., concur.