People v Dawkins

People v Dawkins 2007 NY Slip Op 01800 [38 AD3d 231] March 6, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 9, 2007

The People of the State of New York, Respondent,
v
Shawn Dawkins, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Paul Wiener of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Mark D. Marino of counsel), for respondent.

Judgment, Supreme Court, New York County (Michael R. Ambrecht, J.), rendered July 18, 2005, convicting defendant, after a guilty plea, of criminal possession of a weapon in the third degree, and sentencing him to a term of five years' probation, unanimously affirmed.

By pleading guilty, defendant forfeited his right to appellate review of the court's denial of his CPL 210.40 motion to dismiss the indictment in furtherance of justice (People v Arvelo, 16 AD3d 128 [2005], lv denied 4 NY3d 883 [2005]). Were we to find that the claim was not forfeited, we would conclude that the court properly denied the motion. Concur—Tom, J.P., Sullivan, Williams, Buckley and Kavanagh, JJ.