People v. Littlejohn

Appellate Division of the Supreme Court of New York

People v. Littlejohn

139 A.D.3d 612, 32 N.Y.S.3d 159

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

DecidedMay 26, 2016

Docket880 117/12

StatusPublished

This text of 139 A.D.3d 612 (People v. Littlejohn) 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. Littlejohn, 139 A.D.3d 612, 32 N.Y.S.3d 159 (N.Y. Ct. App. 2016).

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Opinion

Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered November 13, 2012, as amended December 6, 2012, convicting defendant, upon his plea of guilty, of two counts of robbery in the second degree, and sentencing him, as a persistent violent felony offender, to concurrent terms of 16 years to life, unanimously affirmed.

Defendant made a valid waiver of his right to appeal (People *613 v Lopez, 6 NY3d 248, 256-257 [2006]), which forecloses review of his suppression claims. The court’s colloquy “was sufficient because the right to appeal was adequately described without lumping it into the panoply of rights normally forfeited upon a guilty plea” (People v Sanders, 25 NY3d 337, 341 [2015]). Moreover, defendant signed a written waiver.

Regardless of whether defendant made a valid waiver of his right to appeal, we find that the court properly denied his suppression motion. The record supports the findings that defendant was lawfully stopped, that his statements to police were admissible and that a lineup was not unduly suggestive.

Concur — Sweeny, J.R, Renwick, Saxe, Gische and Kahn, JJ.

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Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered November 13, 2012, as amended December 6, 2012, convicting defendant, upon his plea of guilty, of two counts of robbery in the second degree, and sentencing him, as a persistent violent felony offender, to concurrent terms of 16 years to life, unanimously affirmed.

Defendant made a valid waiver of his right to appeal (People *613 v Lopez, 6 NY3d 248, 256-257 [2006]), which forecloses review of his suppression claims. The court’s colloquy “was sufficient because the right to appeal was adequately described without lumping it into the panoply of rights normally forfeited upon a guilty plea” (People v Sanders, 25 NY3d 337, 341 [2015]). Moreover, defendant signed a written waiver.

Regardless of whether defendant made a valid waiver of his right to appeal, we find that the court properly denied his suppression motion. The record supports the findings that defendant was lawfully stopped, that his statements to police were admissible and that a lineup was not unduly suggestive.

Concur — Sweeny, J.R, Renwick, Saxe, Gische and Kahn, JJ.

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Bluebook (online)

139 A.D.3d 612, 32 N.Y.S.3d 159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-littlejohn-nyappdiv-2016.

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