THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. LAMAR DAVIS DEFENDANT APPELLANT (2018)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. LAMAR DAVIS, DEFENDANT–APPELLANT.

KA 16–01236

Decided: June 08, 2018

PRESENT: SMITH, J.P., CENTRA, LINDLEY, CURRAN, AND WINSLOW, JJ.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ROBERT L. KEMP OF COUNSEL), FOR DEFENDANT–APPELLANT. JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (JULIE BENDER FISKE 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 criminal possession of a weapon in the second degree (Penal Law § 265.03[3] ) and criminal possession of a controlled substance in the fifth degree (§ 220.06[5] ). With respect to defendant's contention that evidence should have been suppressed as the result of an unreasonable search and seizure, we affirm for reasons stated in the decision at County Court (Pietruszka, J.). Contrary to defendant's further contention, the two-year period of postrelease supervision imposed by County Court (Foley, A.J.) for the conviction of criminal possession of a controlled substance in the fifth degree is not illegal (see §§ 70.45[2][c]; 70.70[4][b] ), and the sentence imposed for that count is not unduly harsh or severe.

Mark W. Bennett

Clerk of the Court

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