People v Coates
2018 NY Slip Op 08580 [167 AD3d 1161]
December 13, 2018
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 30, 2019


[*1]
 The People of the State of New York, Respondent,
v
Jamel K. Coates, Appellant.

Teresa C. Mulliken, Harpersfield, for appellant.

Stephen K. Cornwell Jr., District Attorney, Binghamton (Stephen D. Ferri of counsel), for respondent.

Pritzker, J. Appeal from a judgment of the County Court of Broome County (Dooley, J.), rendered September 20, 2016, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the second degree.

In July 2016, defendant waived indictment and was charged in a superior court information with two counts of criminal possession of a weapon in the second degree. In accordance with the plea agreement, he pleaded guilty to one count of criminal possession of a weapon in the second degree. County Court thereafter imposed the agreed-upon sentence of five years in prison, followed by 21/2 years of postrelease supervision. Defendant now appeals.

We affirm. Defendant's sole argument on appeal is that he was denied the effective assistance of counsel due to counsel's failure to request a suppression hearing. Defendant's challenge to counsel's motion practice, however, was forfeited by his guilty plea (see People v Gorman, 165 AD3d 1349, 1350 [2018]; People v Duggins, 161 AD3d 1445, 1446 [2018], lv denied 32 NY3d 937 [2018]; People v Hummel, 127 AD3d 1506, 1507 [2015], lv denied 25 NY3d 1202 [2015]).

Garry, P.J., Egan Jr., Lynch and Aarons, JJ., concur. Ordered that the judgment is affirmed.