People v. Parker

• Decision Date: 16 June 2017
• Citation: 151 A.D.3d 1876,54 N.Y.S.3d 355 (Mem)
• Parties: The PEOPLE of the State of New York, Respondent, v. Durval W. PARKER, Defendant–Appellant.
• Court: New York Supreme Court — Appellate Division

151 A.D.3d 1876

54 N.Y.S.3d 355 (Mem)

The PEOPLE of the State of New York, Respondent,

v.Durval W. PARKER, Defendant–Appellant.

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

June 16, 2017.

The Legal Aid Bureau of Buffalo, Inc., Buffalo (Timothy P. Murphy of Counsel), for defendant-appellant.

Eric T. Schneiderman, Attorney General, Albany (Hannah Stith Long of Counsel), for respondent.

MEMORANDUM:

Defendant appeals from a judgment convicting him, upon his plea of guilty, of criminal possession of a controlled substance in the third degree (Penal Law § 220.16[12] ). Defendant's sole contention is that, under CPL 20.40 and the New York Constitution, the Erie County grand jury lacked authority and jurisdiction to indict him for the crime committed in Niagara County to which he pleaded guilty. We conclude that defendant's contention is foreclosed by his valid waiver of the right to appeal (see generally People v. Muniz, 91 N.Y.2d 570, 573–574, 673 N.Y.S.2d 358, 696 N.E.2d 182 ). Although defendant contends that the waiver does not encompass his challenge to the geographic jurisdiction of the grand jury inasmuch as that issue was not specifically mentioned during the waiver colloquy, the court "need not expressly delineate for a defendant those appellate issues that are foreclosed by a waiver of the right to appeal, and those that survive, in order for the court to obtain a valid appeal waiver" (People v. Nickell, 49 A.D.3d 1024, 1025, 853 N.Y.S.2d 432 ). We note, in any event, that defendant's challenge to geographical jurisdiction in Erie County is foreclosed by his guilty plea (see People v. Hand, 140 A.D.3d 636, 637, 34 N.Y.S.3d 54, lv. denied 28 N.Y.3d 971, 43 N.Y.S.3d 258, 66 N.E.3d 4 ).

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

WHALEN, P.J., PERADOTTO, DeJOSEPH, CURRAN, and WINSLOW, JJ., concur.