People v. Wilkins

Appellate Division of the Supreme Court of New York

People v. Wilkins

294 A.D.2d 707, 741 N.Y.S.2d 746, 2002 N.Y. App. Div. LEXIS 5063

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

DecidedMay 16, 2002

StatusPublished

Cited by3 cases

This text of 294 A.D.2d 707 (People v. Wilkins) 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. Wilkins, 294 A.D.2d 707, 741 N.Y.S.2d 746, 2002 N.Y. App. Div. LEXIS 5063 (N.Y. Ct. App. 2002).

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Opinion

Peters, J.

Appeal from a judgment of the Supreme Court (Lamont, J.), rendered March 25, 1998 in Albany County, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the third degree.

Defendant’s only claim on this appeal, that Supreme Court erred in denying his pretrial suppression motion, was encompassed by his knowing, voluntary and intelligent waiver of the right to appeal, which was intended comprehensively to cover all aspects of the case and was included as part of the plea bargain (see, People v Kemp, 94 NY2d 831). This Court has repeatedly enforced a defendant’s waiver of the right to appeal as a bar to review of the denial of a suppression motion (see, e.g., People v Jennings, 280 AD2d 697, lv denied 96 NY2d 920; People v Smith, 210 AD2d 533, lv denied 84 NY2d 1039; People [708]*708v Hayes, 169 AD2d 999, lv denied 78 NY2d 955) and we see no reason not to do so in this case (see, People v Collier, 232 AD2d 878, lv denied 89 NY2d 863).

Crew III, J.P., Spain, Carpinello and Rose, JJ., concur. Ordered that the judgment is affirmed.

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Peters, J.

Appeal from a judgment of the Supreme Court (Lamont, J.), rendered March 25, 1998 in Albany County, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the third degree.

Defendant’s only claim on this appeal, that Supreme Court erred in denying his pretrial suppression motion, was encompassed by his knowing, voluntary and intelligent waiver of the right to appeal, which was intended comprehensively to cover all aspects of the case and was included as part of the plea bargain (see, People v Kemp, 94 NY2d 831). This Court has repeatedly enforced a defendant’s waiver of the right to appeal as a bar to review of the denial of a suppression motion (see, e.g., People v Jennings, 280 AD2d 697, lv denied 96 NY2d 920; People v Smith, 210 AD2d 533, lv denied 84 NY2d 1039; People [708]*708v Hayes, 169 AD2d 999, lv denied 78 NY2d 955) and we see no reason not to do so in this case (see, People v Collier, 232 AD2d 878, lv denied 89 NY2d 863).

Crew III, J.P., Spain, Carpinello and Rose, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

294 A.D.2d 707, 741 N.Y.S.2d 746, 2002 N.Y. App. Div. LEXIS 5063, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wilkins-nyappdiv-2002.

Opinion

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