People v. Yanes-Santos

2020 NY Slip Op 08089, 189 A.D.3d 1621, 135 N.Y.S.3d 272

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: December 30, 2020
• Docket: Ind. No. 1072/2018
• Status: Published

Opinion

People v Yanes-Santos (2020 NY Slip Op 08089)

People v Yanes-Santos

2020 NY Slip Op 08089

Decided on December 30, 2020

Appellate Division, Second 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 on December 30, 2020 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
WILLIAM F. MASTRO, J.P.
REINALDO E. RIVERA
ROBERT J. MILLER
COLLEEN D. DUFFY, JJ.

2019-08579
(Ind. No. 1072/2018)

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

v

Tony Yanes-Santos, appellant.

Alan Katz, Garden City Park, NY, for appellant.

Madeline Singas, District Attorney, Mineola, NY (Jason R. Richards and Benjamin

Kussman of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Howard E. Sturim, J.), rendered June 11, 2019, convicting him of criminal contempt in the first degree and criminal mischief in the fourth degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Sanders, 25 NY3d 337, 339-342; People v Lopez, 6 NY3d 248, 256-257; see generally People v Brown, 122 AD3d 133, 145-146). The defendant's valid waiver of his right to appeal precludes appellate review of his challenge to the Supreme Court's suppression determination (see People v Kemp, 94 NY2d 831, 833; People v King, 169 AD3d 1060, 1060; People v Jessamy, 137 AD3d 1056, 1056).

MASTRO, J.P., RIVERA, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court