Appeal from a judgment of the Supreme Court, Erie County (Christopher J. Burns, J.), rendered June 19, 2014. The judgment convicted defendant, upon his plea of guilty, of assault in the second degree and criminal possession of a weapon in the third degree.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Robert L. Kemp of Counsel), for defendant-appellant.
Michael J. Flaherty, Jr., Acting District Attorney, Buffalo (Ashley R. Lowry of Counsel), for respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of assault in the second degree (Penal Law § 120.05[2] ) and criminal possession of a weapon in the third degree (§ 265.02[1] ). Initially, we note that, “[b]y pleading guilty, defendant forfeited review of [Supreme] Court's Molineux ruling” (People v. Brown, 305 A.D.2d 1068, 1068, 759 N.Y.S.2d 830, lv. denied 100 N.Y.2d 579, 764 N.Y.S.2d 389, 796 N.E.2d 481 ). Contrary to defendant's contention, the court properly refused to suppress his statements to the police inasmuch as the record establishes that defendant spoke “freely and unguardedly” in the presence of two different police officers after voluntarily waiving his Miranda rights (People v. Cascio, 79 A.D.3d 1809, 1811, 914 N.Y.S.2d 490, lv. denied 16 N.Y.3d 893, 926 N.Y.S.2d 29, 949 N.E.2d 977 ; see People v. Carbonaro, 134 A.D.3d 1543, 1547–1548, 23 N.Y.S.3d 525, lv. denied 27 N.Y.3d 994, 38 N.Y.S.3d 104, 59 N.E.3d 1216, reconsideration denied 27 N.Y.3d 1149, 39 N.Y.S.3d 384, 62 N.E.3d 124 ;
People v. Collins, 43 A.D.3d 1338, 1339, 842 N.Y.S.2d 624, lv. denied 9 N.Y.3d 1005, 850 N.Y.S.2d 393, 880 N.E.2d 879 ). Finally, the sentence is not unduly harsh or severe.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
SMITH, J.P., PERADOTTO, DeJOSEPH, TROUTMAN, and SCUDDER, JJ., concur.
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