THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. SHAWN GRANGER DEFENDANT APPELLANT (2024)

Supreme Court, Appellate Division, Fourth Department, New York.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. SHAWN G. GRANGER, DEFENDANT-APPELLANT.

200 Decided: March 22, 2024

PRESENT: WHALEN, P.J., LINDLEY, GREENWOOD, NOWAK, AND KEANE, JJ.

KATHLEEN E. CASEY, BARKER, FOR DEFENDANT-APPELLANT. KRISTYNA S. MILLS, DISTRICT ATTORNEY, WATERTOWN (MORGAN R. MAYER OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of, inter alia, criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [12]). Even assuming, arguendo, that defendant's waiver of the right to appeal is invalid, defendant forfeited the right to raise the suppression issues on appeal inasmuch as he pleaded guilty before County Court issued a ruling thereon (see CPL 710.70 [2]; People v Fernandez, 67 NY2d 686, 688 [1986]; People v Dix, 170 AD3d 1575, 1576 [4th Dept 2019], lv denied 33 NY3d 1030 [2019]; see also People v Monk, 189 AD3d 1970, 1971-1972 [3d Dept 2020], lv denied 37 NY3d 958 [2021]).

Entered: March 22, 2024

Ann Dillon Flynn

Clerk of the Court

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