PEOPLE v. COUSER (1999)

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

PEOPLE of the State of New York, Plaintiff-Respondent, v. Elsee K. COUSER, Defendant-Appellant.

Decided: November 12, 1999

PRESENT: DENMAN, P.J., PINE, WISNER, PIGOTT, JR., and CALLAHAN, JJ.

James Eckert, for defendant-appellant. Elizabeth Clifford, Rochester, for plaintiff-respondent.

On appeal from a judgment convicting him upon his plea of guilty of robbery in the first degree (Penal Law §§ 20.00, 160.15[3] ), defendant contends that Supreme Court erred in determining that statements not contained in the CPL 710.30 notice would be admissible at trial. “By pleading guilty, defendant forfeited his right to seek reversal of his conviction on the ground that evidence is inadmissible because the prosecution failed to provide the notice required by CPL 710.30” (People v. Hardy, 187 A.D.2d 810, 812, 589 N.Y.S.2d 966, citing People v. Taylor, 65 N.Y.2d 1, 489 N.Y.S.2d 152, 478 N.E.2d 755).

Judgment unanimously affirmed.

MEMORANDUM:

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