The People, etc., respondent, v. Curtis Crummell, appellant.

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

The People, etc., respondent, v. Curtis Crummell, appellant.

2010–04754 (Ind.No. 257/09)

Decided: May 31, 2011

REINALDO E. RIVERA, J.P. RUTH C. BALKIN PLUMMER E. LOTT LEONARD B. AUSTIN, JJ. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Jacqueline Rosenblum of counsel), for respondent.

Submitted—May 12, 2011

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Nassau County (Peck, J.), rendered May 6, 2010, convicting him of criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, and criminal possession of a weapon in the fourth degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Although the defendant's challenge to the count in the indictment charging criminal possession of a weapon in the second degree as jurisdictionally defective survives the valid entry of his plea of guilty and waiver of the right to appeal (see People v. Iannone, 45 N.Y.2d 589, 600;  People v. Brown, 75 AD3d 655, 656;  People v. Libby, 246 A.D.2d 669, 670), that count was not jurisdictionally defective (see People v. Hansen, 95 N.Y.2d 227, 231;  People v. Ray, 71 N.Y.2d 849, 850).

The defendant's remaining contentions are forfeited by his plea of guilty (see People v. Brown, 75 AD3d at 656;  People v. Greeman, 49 AD3d 463, 464;  People v. Skya, 43 AD3d 1190).

RIVERA, J.P., BALKIN, LOTT and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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