People v. Wisniewski

• Court: New York Supreme Court — Appellate Division
• Citation: People v. Wisniewski, 160 A.D.3d 1478, 72 N.Y.S.3d 915(Mem) (N.Y. App. Div. 2018)
• Decision Date: 27 April 2018
• Docket Number: 548,KA 16–02288
• Parties: The PEOPLE of the State of New York, Respondent, v. Frank K. WISNIEWSKI, Defendant–Appellant.

160 A.D.3d 1478

72 N.Y.S.3d 915 (Mem)

The PEOPLE of the State of New York, Respondent,

v.Frank K. WISNIEWSKI, Defendant–Appellant.

548

KA 16–02288

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

Entered: April 27, 2018

NORMAN P. EFFMAN, PUBLIC DEFENDER, WARSAW (MARSHALL A. KELLY OF COUNSEL), FOR DEFENDANT–APPELLANT.

DONALD G. O'GEEN, DISTRICT ATTORNEY, WARSAW (VINCENT A. HEMMING OF COUNSEL), FOR RESPONDENT.

PRESENT: WHALEN, P.J., CENTRA, LINDLEY, AND NEMOYER, JJ.

MEMORANDUM AND ORDERMemorandum:

Defendant appeals from a judgment convicting him upon his guilty plea of criminal sale of a controlled substance in the third degree ( Penal Law § 220.39[1] ) and criminal possession of a controlled substance in the third degree (§ 220.16[1] ). Defendant's contention that County Court erred in failing to conduct an audibility hearing and to render a decision thereon does not survive his guilty plea (see People v. Gillett, 105 A.D.3d 1444, 1444, 963 N.Y.S.2d 906 [4th Dept. 2013] ). By pleading guilty, defendant forfeited review of the merits of his contention regarding the audibility of certain evidence (see People v. Dunkins, 231 A.D.2d 587, 588, 647 N.Y.S.2d 107 [2d Dept. 1996], lv denied 89 N.Y.2d 863, 653 N.Y.S.2d 286, 675 N.E.2d 1239 [1996] ; see also People v. Alvarado, 103 A.D.3d 1101, 1101, 958 N.Y.S.2d 554 [4th Dept. 2013], lv denied 21 N.Y.3d 910, 966 N.Y.S.2d 362, 988 N.E.2d 891 [2013] ).

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