People v. Rodriguez

123 A.D.3d 631, 997 N.Y.S.2d 316

Opinion

Judgment, Supreme Court, New York County (Robert M. Stolz, J.), rendered August 1, 2012, convicting defendant, upon his plea of guilty, of criminal possession of marijuana in the fourth degree and criminal possession of a weapon in the fourth degree, and sentencing him to an aggregate term of three years’ probation and forfeiture of $173, unanimously affirmed.

Although Penal Law § 480.00 applies only to felony convictions, the forfeiture in this matter, where the special narcotics indictment charged defendant with misdemeanors, was authorized by CPL 220.50 (6), because it was an agreed upon condition of a plea to an indictment (see People v Escaloria, 119 AD3d 707 [2d Dept 2014]). We have considered and rejected defendant’s remaining arguments.

Concur — Sweeny, J.P., Andrias, Saxe, DeGrasse and Gische, JJ.