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THE PEOPLE OF THE STATE OF NEW YORK v LAMAR DAVIS

THE PEOPLE OF THE STATE OF NEW YORK v LAMAR DAVIS

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THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,V LAMAR DAVIS, DEFENDANT-APPELLANT.THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ROBERT L. KEMP OFCOUNSEL), FOR DEFENDANT-APPELLANT.JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (JULIE BENDER FISKE OFCOUNSEL), FOR RESPONDENT.Appeal from a judgment of the Erie County Court (David W. Foley,A.J.), rendered July 11, 2016. The judgment convicted defendant, uponhis plea of guilty, of criminal possession of a weapon in the seconddegree and criminal possession of a controlled substance in the fifthdegree.It is hereby ORDERED that the judgment so appealed from isunanimously affirmed.Memorandum: Defendant appeals from a judgment convicting himupon his plea of guilty of criminal possession of a weapon in thesecond degree (Penal Law § 265.03 [3]) and criminal possession of acontrolled substance in the fifth degree (§ 220.06 [5]). With respectto defendant’s contention that evidence should have been suppressed asthe result of an unreasonable search and seizure, we affirm forreasons stated in the decision at County Court (Pietruszka, J.).Contrary to defendant’s further contention, the two-year period ofpostrelease supervision imposed by County Court (Foley, A.J.) for theconviction of criminal possession of a controlled substance in thefifth degree is not illegal (see§§ 70.45 [2] [c]; 70.70 [4] [b]), andthe sentence imposed for that count is not unduly harsh or severe.Entered: June 8, 2018 Mark W. BennettClerk of the Court 

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