Legal Opinion

People v. Alburg

Appellate Division of the Supreme Court of the State of New York

Decided June 6, 2012Published

1Opinion of the Court

— Appeal by the defendant from a judgment of the County Court, Suffolk County (Gazillo, J), rendered September 11, 2009, convicting him of criminal possession of a controlled substance in the first degree and conspiracy in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that his prosecution should have been barred pursuant to CPL 40.20 (2) was forfeited by his plea of guilty (see People v Prescott, 66 NY2d 216, 219 [1985], cert denied 475 US 1150 [1986]; People v Galunas, 93 AD3d 892, 893 n [2012]; People v…

2Cases cited6 opinions

  1. People v. RohlehrAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. PrescottNew York Court of Appeals · 1985
  3. People v. RamnaraineAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. GalunasAppellate Division of the Supreme Court of the State of New York · 2012
  5. People v. SmithAppellate Division of the Supreme Court of the State of New York · 2011

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