People v. Smith, 00-03016

• Decision Date: 14 January 2002
• Docket Number: 00-03016,2
• Court: New York Supreme Court — Appellate Division
• Parties: The People, etc., respondent, v Stephen Smith, appellant. (Ind.) 2000-03016 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT Submitted -

The People, etc., respondent, v Stephen Smith, appellant.

(Ind. No. 99-01108)

2000-03016

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

Submitted - December 11, 2001

Decided on January 14, 2002

Gerald J. Murphy, Irvington, N.Y., for appellant, and appellant pro se.

Jeanine Pirro, District Attorney, White Plains, N.Y. (Matthew E. B. Brotmann, Valerie A. Livingston, and Richard Longworth Hecht of counsel), for respondent.

DECISION & ORDER

DAVID S. RITTER, ACTING P.J.

NANCY E. SMITH

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered March 14, 2000, convicting him of criminal sale of a controlled substance in or near school grounds, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

By pleading guilty, the defendant forfeited his right to seek appellate review of the denial of his motion for a severance (see, People v Baez, 205 A.D.2d 695). Those issues raised by the defendant in his supplemental pro se brief are similarly foreclosed (see, People v Hansen, 95 N.Y.2d 227).

RITTER, ACTING P.J., SMITH, ADAMS and COZIER, JJ., concur.