People v. Cochran, 112 A.D.3d 997 (N.Y. App. Div. 2013). · Go Syfert
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People v. Cochran, 112 A.D.3d 997 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
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Strongest positive: People v. Murray (nyappdiv, 2021-09-02)
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In any event, "by pleading guilty before [the] suppression hearing[s were] held, 'defendant precluded the making of a record and, in consequence, foreclosed the possibility of appellate review' of all claims related to the pending suppression motion[s]" ( People v Ball , 152 AD3d 973 , [*2]974 [2017], lv denied 30 NY3d 978 [2017], quoting People v Fernandez , 67 NY2d 686, 688 [1986]; see People v Cochran , 112 AD3d 997 , 998 [2013], lv denied 23 NY3d 961 [2014]; People v Whitted , 12 AD3d 840, 841 [2004], lv denied 4 NY3d 769 [2005]).
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The People of the State of New York
v.
Gregory Cochran
Appellate Division of the Supreme Court of the State of New York.
Dec 5, 2013.
112 A.D.3d 997
Rose.
Published
Rose, J.E

Appeal from a judgment of the County Court of Sullivan County (LaBuda, J.), rendered December 16, 2011, convicting defendant upon his plea of guilty of the crimes of criminal sale of a controlled substance in the third degree, criminal possession of a weapon in the second degree and criminal possession of a controlled substance in the third degree.

[*998] Defendant pleaded guilty to criminal sale of a controlled substance in the third degree, criminal possession of a weapon in the second degree and criminal possession of a controlled substance in the third degree in full satisfaction of a seven-count indictment and waived his right to appeal. In accordance with the plea agreement, County Court thereafter sentenced him, as a second felony offender, to an aggregate prison term of 12 years, to be followed by five years of postrelease supervision. Defendant now appeals.

We affirm. By entering a knowing, voluntary and intelligent guilty plea before a suppression hearing was held, defendant forfeited his right to appellate review of his sole contention on appeal, that his arrest arose out of an unlawful search and seizure (see People v Buckler, 80 AD3d 889, 890 [2011], lv denied, 17 NY3d 804 [2011]; People v Costa, 4 AD3d 675, 676 [2004], lv denied 2 NY3d 797 [2004]; People v Huff, 257 AD2d 678, 679 [1999], lv denied 93 NY2d 854 [1999]). Accordingly, the judgment is affirmed.

Spain, Garry and Egan Jr., JJ, concur. Ordered that the judgment is affirmed.