People v. Zadul
Opinion
| People v Zadul |
| 2022 NY Slip Op 01672 |
| Decided on March 11, 2022 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on March 11, 2022 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., SMITH, NEMOYER, CURRAN, AND BANNISTER, JJ.
222 KA 20-01684
v
BRADLEY ZADUL, DEFENDANT-APPELLANT.
J. SCOTT PORTER, SENECA FALLS, FOR DEFENDANT-APPELLANT.
TODD J. CASELLA, DISTRICT ATTORNEY, PENN YAN, FOR RESPONDENT.
Appeal from a judgment of the Yates County Court (Jason L. Cook, J.), rendered October 20, 2020. The judgment convicted defendant upon a plea of guilty of criminal possession of a weapon in the second degree.
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]). To the extent that defendant's contentions are not forfeited by his plea of guilty (see People v Leary, 70 AD3d 1394, 1395 [4th Dept 2010], lv denied 14 NY3d 889 [2010]; People v Jimenez, 277 AD2d 956, 956 [4th Dept 2000], lv denied 96 NY2d 784 [2001]), our review of them is precluded by defendant's valid waiver of the right to appeal (see People v Richardson, 173 AD3d 1859, 1860 [4th Dept 2019], lv denied 34 NY3d 953 [2019], reconsideration denied 34 NY3d 1081 [2019]; People v Caldwell, 71 AD3d 1515, 1515-1516 [4th Dept 2010], lv denied 15 NY3d 772 [2010]; People v Oliveri, 49 AD3d 1208, 1209 [4th Dept 2008]; People v Vega, 24 AD3d 1260, 1260 [4th Dept 2005], lv denied 7 NY3d 764 [2006]). We note only that the uniform sentence and commitment form erroneously reflects that defendant was convicted of criminal possession of a weapon in the second degree under Penal Law § 265.03 (2) and must be amended to reflect that he was convicted under Penal Law § 265.03 (3) (see People v Ealahan, 198 AD3d 1376, 1377 [4th Dept 2021], lv denied 37 NY3d 1096 [2021]).
Entered: March 11, 2022
Ann Dillon Flynn
Clerk of the Court
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161 N.Y.S.3d 890 (People v. Zadul) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.