People v. Rance

122 A.D.3d 949, 995 N.Y.S.2d 680

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 26, 2014
• Docket: 2012-07652
• Status: Published

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Foley J.), rendered July 11, 2012, as amended on July 17, 2012, convicting him of attempted criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment, as amended, is affirmed.

Contrary to the defendant’s contention, he knowingly, voluntarily, and intelligently waived his right to appeal (see People v Lopez, 6 NY3d 248 [2006]; People v Corbin, 121 AD3d 803 [2014]; People v Bennett, 102 AD3d 881 [2013]). Accordingly, the defendant’s valid waiver of his right to appeal precludes appellate review of his contention that the hearing court erred in denying suppression (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Corbin, 121 AD3d 803 [2014]).

Skelos, J.P., Dickerson, Chambers and Sgroi, JJ., concur.