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The People of the State of New York, Respondent v. Frank A. Velardi

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


March 16, 2012

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
FRANK A. VELARDI, DEFENDANT-APPELLANT.

Appeal from a judgment of the Oneida County Court (Michael L. Dwyer, J.), rendered May 29, 2009.

People v Velardi

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 16, 2012

PRESENT: SCUDDER, P.J., CENTRA, CARNI, LINDLEY, AND MARTOCHE, JJ.

The judgment convicted defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the third degree.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him, upon his guilty plea, of attempted criminal possession of a controlled substance in the third degree (Penal Law §§ 110.00, 220.16 [1]), defendant contends that County Court erred in refusing to suppress contraband that he was seen dumping onto the ground. That contention, however, is encompassed by his valid waiver of the right to appeal and we therefore do not address it (see People v Kemp, 94 NY2d 831, 833; People v Bell, 89 AD3d 1518; People v McKeon, 78 AD3d 1617, 1618, lv denied 16 NY3d 799).

Entered: March 16, 2012

Frances E. Cafarell Clerk of the Court

20120316

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