People v Crump

People v Crump 2013 NY Slip Op 08264 Decided on December 11, 2013 Appellate Division, Second 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 December 11, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
PLUMMER E. LOTT
LEONARD B. AUSTIN, JJ.
2011-10232
(Ind. No. 2067-11)

[*1]The People of the State of New York, respondent,

v

Alexander L. Crump, appellant.




Maureen Galvin Dwyer, Northport, N.Y., for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Ronnie
Jane Lamm of counsel), for
respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (J. Doyle, J.), rendered September 28, 2011, convicting him of criminal possession of a controlled substance in the seventh degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant correctly contends that his waiver of the right to appeal was invalid (see People v Lopez, 6 NY3d 248). However, contrary to the defendant's contention, the accusatory instrument adequately apprised the defendant of the particular crime with which he was being charged (see People v Dreyden, 15 NY3d 100, 103; People v Casey, 95 NY2d 354, 360). The defendant's nonjurisdictional challenges to the accusatory instrument were forfeited by his plea of guilty (see People v Beattie, 80 NY2d 840, 842; People v Gould, 242 AD2d 583, 584).

The defendant was not denied the effective assistance of counsel (see People v Benevento, 91 NY2d 708, 712; People v Baldi, 54 NY2d 137, 147).
SKELOS, J.P., DICKERSON, LOTT and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court