The People, etc., respondent, v. Olsen Key, appellant. (2011)

Submitted—November 18, 2011

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Nassau County (Donnino, J.), rendered June 30, 2010, convicting him of kidnapping in the second degree, assault in the first degree (two counts), and criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's claims pertaining to the grand jury presentation were forfeited by his plea of guilty (see People v. Crumpler, 70 AD3d 1396, 1397;  People v. Martin, 55 AD3d 1236, 1238;  People v. Greeman, 49 AD3d 463, 464;  People v. Winchester, 38 AD3d 1336, 1337;  People v. Santiago, 305 A.D.2d 1109, 1110;  People v. Sachs, 280 A.D.2d 966, 967;  People v. Butler, 198 A.D.2d 427;  People v. Quackenbush, 98 A.D.2d 875).   Furthermore, the County Court did not improvidently exercise its discretion in denying the defendant's motion to withdraw his plea of guilty (see CPL 220.60[3];  People v. Meyers, 204 A.D.2d 492).

The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80;  People v. Kazepis, 101 A.D.2d 816).

The defendant's remaining contention is without merit.

FLORIO, J.P., BALKIN, BELEN and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court