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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAWN WEBB-PAYNE, Also Known as SHAWN WEBB, Appellant.

Ordered that the judgment is affirmed.

The defendant objects to his simultaneous convictions of robbery in the first degree (Penal Law § 160.15) and criminal use of a firearm in the first degree (Penal Law § 265.09), where the predicate violent felony supporting the weapon conviction is based on the same facts as those which underlie the robbery conviction, and where the two convictions share common elements ( see, People v Brown, 67 NY2d 555). The defendant's conviction on these two counts is "technically proper" ( People v Brown, supra, at 560). The defendant's plea of guilty forecloses review of any possible nonjurisdictional error ( see, People v Carroll, 181 AD2d 904; People v Garner, 174 AD2d 1028; People v Brooks, 167 AD2d 854; People v Bones, 103 AD2d 1012; see also, People v Walton, 41 NY2d 880; People v Thompson, 202 AD2d 456; People v Rodriguez, 153 AD2d 961; People v Freeman, 117 AD2d 677).

The defendant's remaining contention is without merit.

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PEOPLE v. WEBB-PAYNE
(Dec 9, 1996)