People v. Key

• Decision Date: 06 December 2011
• Citation: 2011 N.Y. Slip Op. 08956,90 A.D.3d 677,933 N.Y.S.2d 900
• Parties: The PEOPLE, etc., respondent, v. Olsen KEY, appellant.
• Court: New York Supreme Court — Appellate Division

2011 N.Y. Slip Op. 08956

90 A.D.3d 677

933 N.Y.S.2d 900

The PEOPLE, etc., respondent,

v.Olsen KEY, appellant.

Supreme Court, Appellate Division, Second Department, New York.

Dec. 6, 2011.

Michael A. Fiechter, Bellmore, N.Y., for appellant.

*901 Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Sarah S. Rabinowitz of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Nassau County (Donnino, J.), rendered June 30, 2010, convicting him of kidnapping in the second degree, assault in the first degree (two counts), and criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's claims pertaining to the grand jury presentation were forfeited by his plea of guilty ( see People v. Crumpler, 70 A.D.3d 1396, 1397, 894 N.Y.S.2d 303; People v. Martin, 55 A.D.3d 1236, 1238, 864 N.Y.S.2d 582; People v. Greeman, 49 A.D.3d 463, 464, 853 N.Y.S.2d 557; People v. Winchester, 38 A.D.3d 1336, 1337, 831 N.Y.S.2d 798; People v. Santiago, 305 A.D.2d 1109, 1110, 757 N.Y.S.2d 922; People v. Sachs, 280 A.D.2d 966, 967, 721 N.Y.S.2d 214; People v. Butler, 198 A.D.2d 427, 605 N.Y.S.2d 915; People v. Quackenbush, 98 A.D.2d 875, 470 N.Y.S.2d 855). Furthermore, the County Court did not improvidently exercise its discretion in denying the defendant's motion to withdraw his plea of guilty ( see CPL 220.60[3]; People v. Meyers, 204 A.D.2d 492, 614 N.Y.S.2d 167).

The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675; People v. Kazepis, 101 A.D.2d 816, 475 N.Y.S.2d 351).

The defendant's remaining contention is without merit.

FLORIO, J.P., BALKIN, BELEN and CHAMBERS, JJ., concur.