People v. McCreary

2025 NY Slip Op 01897
CourtAppellate Division of the Supreme Court of the State of New York
DecidedApril 1, 2025
DocketInd. No. 1866/21; Appeal No. 4011; Case No. 2022-02006
StatusPublished

This text of 2025 NY Slip Op 01897 (People v. McCreary) 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. McCreary, 2025 NY Slip Op 01897 (N.Y. Ct. App. 2025).

Opinion

People v McCreary (2025 NY Slip Op 01897)
People v McCreary
2025 NY Slip Op 01897
Decided on April 01, 2025
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided and Entered: April 01, 2025
Before: Manzanet-Daniels, J.P., González, Shulman, Rodriguez, Pitt-Burke, JJ.

Ind. No. 1866/21|Appeal No. 4011|Case No. 2022-02006|

[*1]The People of the State of New York, Respondent,

v

Daniel McCreary, Defendant-Appellant.


Twyla Carter, The Legal Aid Society, New York (B. Anthony Bauth of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (Addison Eisley of counsel), for respondent.



Judgment, Supreme Court, New York County (Thomas Farber, J.), rendered April 21, 2022, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him to a term of two years, unanimously affirmed.

Defendant validly waived his right to appeal (see People v Thomas, 34 NY3d 545 [2019], cert denied 589 US — , 140 S Ct 2634 [2020]) in a colloquy that went beyond what is required to ensure a voluntary, knowing, and intelligent waiver. Thus, defendant's challenges to the suppression ruling are foreclosed.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: April 1, 2025



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§ 431
New York JUD § 431

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2025 NY Slip Op 01897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mccreary-nyappdiv-2025.