People v. Barnaby

Appellate Division of the Supreme Court of New York

People v. Barnaby

2017 NY Slip Op 1706, 148 A.D.3d 821, 47 N.Y.S.3d 916

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

DecidedMarch 8, 2017

Docket2015-02407

StatusPublished

This text of 2017 NY Slip Op 1706 (People v. Barnaby) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Barnaby, 2017 NY Slip Op 1706, 148 A.D.3d 821, 47 N.Y.S.3d 916 (N.Y. Ct. App. 2017).

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Opinion

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (C. Quinn, J.), rendered March 13, 2014, convicting him of attempted robbery in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, his general waiver of his right to appeal encompassed the denial, after a hearing in lieu of motions, of suppression of identification testimony (see People v Kemp, 94 NY2d 831, 833 [1999]). The defendant’s general waiver of his right to appeal was valid (see People v Sanders, 25 NY3d 337, 342 [2015]; People v Nicholson, 15 AD3d 237 [2005], affd 6 NY3d 248 [2006]), and precludes appellate review of his challenges to the denial of suppression.

Rivera, J.P., Cohen, Miller and Brathwaite Nelson, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Nassau County (C. Quinn, J.), rendered March 13, 2014, convicting him of attempted robbery in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, his general waiver of his right to appeal encompassed the denial, after a hearing in lieu of motions, of suppression of identification testimony (see People v Kemp, 94 NY2d 831, 833 [1999]). The defendant’s general waiver of his right to appeal was valid (see People v Sanders, 25 NY3d 337, 342 [2015]; People v Nicholson, 15 AD3d 237 [2005], affd 6 NY3d 248 [2006]), and precludes appellate review of his challenges to the denial of suppression.

Rivera, J.P., Cohen, Miller and Brathwaite Nelson, JJ., concur.

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Bluebook (online)

2017 NY Slip Op 1706, 148 A.D.3d 821, 47 N.Y.S.3d 916, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-barnaby-nyappdiv-2017.

Opinion

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