People v Zadul
2022 NY Slip Op 01672 [203 AD3d 1584]
March 11, 2022
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 4, 2022


[*1]
 The People of the State of New York, Respondent,
v
Bradley Zadul, 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], denied reconsideration 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]). Present—Whalen, P.J., Smith, NeMoyer, Curran and Bannister, JJ.