Opinion
07-08-2015
The PEOPLE, etc., respondent, v. Reginald DUPREE, appellant.
Lynn W.L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John Castellano, Johnnette Traill, Nicoletta J. Caferri, and Jonathan K. Yi of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John Castellano, Johnnette Traill, Nicoletta J. Caferri, and Jonathan K. Yi of counsel), for respondent.
Opinion Appeal by the defendant from a judgment of the Supreme Court, Queens County (Modica, J.), rendered June 24, 2013, convicting him of criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the record demonstrates that he knowingly, intelligently, and voluntarily waived his right to appeal (see People v. Bradshaw, 18 N.Y.3d 257, 264–265, 938 N.Y.S.3d 254, 961 N.E.2d 645 ; People v. Lopez, 6 N.Y.3d 248, 257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Sanders, 112 A.D.3d 748, 748–750, 976 N.Y.S.2d 205, affd. by 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344 [2015] ). The defendant's valid waiver of his right to appeal precludes appellate review of his challenge to the hearing court's suppression determination (see People v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754 ; People v. Ward, 126 A.D.3d 730, 5 N.Y.S.3d 468 ; People v. Cannon, 123 A.D.3d 1138, 1139, 997 N.Y.S.2d 641 ).
RIVERA, J.P., DICKERSON, MILLER and DUFFY, JJ., concur.