| People v Eley |
| 2022 NY Slip Op 03288 [205 AD3d 1231] |
| May 19, 2022 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Lefone Eley, Appellant. |
Lisa A. Burgess, Indian Lake, for appellant.
Jonathan J. Miller, Acting District Attorney, Malone (Jennifer M. Hollis of counsel), for respondent.
Pritzker, J. Appeal from a judgment of the County Court of Franklin County (Champagne, J.), rendered November 25, 2019, convicting defendant upon his plea of guilty of the crimes of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fifth degree.
In April 2019, defendant was charged by indictment with two counts of criminal possession
of a controlled substance in the third degree, one count of criminal possession of a controlled
substance in the fourth degree and one count of criminal possession of a controlled substance in
the fifth degree. Following a suppression hearing, County Court denied defendant's motion to
suppress all evidence obtained by police, finding that it was recovered pursuant to a lawful traffic
stop and subsequent vehicular search. Defendant thereafter pleaded guilty to criminal possession
of a controlled substance in the third degree and criminal possession of a controlled substance in
the fifth degree. Consistent with the plea agreement, defendant executed a written waiver of
appeal in open court and was sentenced, as a second felony offender, to a prison term of three
years on each count, to run concurrently, followed by 1
We affirm. Defendant's sole challenge on appeal is to County Court's adverse suppression ruling. However, defendant's uncontested appeal waiver forecloses any such challenge (see People v Jean-Pierre, 203 AD3d 1226, 1227 [2022]; People v Hunter, 175 AD3d 1601, 1602 [2019], lv denied 34 NY3d 1078 [2019]; People v Dorsey, 170 AD3d 1325, 1326 [2019], lv denied 33 NY3d 1068 [2019]).
Garry, P.J., Aarons, Reynolds Fitzgerald and Fisher, JJ., concur. Ordered that the judgment is affirmed.