Opinion
2013-04-3
The PEOPLE, etc., respondent, v. Christopher C. HUGGINS, appellant.
Mark Diamond, New York, N.Y., for appellant. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley and Kevin C. King of counsel), for respondent.
Mark Diamond, New York, N.Y., for appellant. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley and Kevin C. King of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Jaeger, J., at plea; Gulotta, Jr., J., at sentencing), rendered January 25, 2012, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the Supreme Court did not improvidently exercise its discretion in denying his motion to withdraw his plea of guilty, as the record reflects that he knowingly, voluntarily, and intelligently entered the plea ( see People v. Seeber, 4 N.Y.3d 780, 793 N.Y.S.2d 826, 826 N.E.2d 797;People v. Jones, 44 N.Y.2d 76, 81, 404 N.Y.S.2d 85, 375 N.E.2d 41,cert. denied Jones v. New York, 439 U.S. 846, 99 S.Ct. 145, 58 L.Ed.2d 148;People v. Douglas, 83 A.D.3d 1092, 921 N.Y.S.2d 324).
By pleading guilty, the defendant forfeited his right to seek review of any alleged Brady violation ( see Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215;People v. Kidd, 100 A.D.3d 779, 953 N.Y.S.2d 863,lv. denied 20 N.Y.3d 1062, ––– N.E.2d –––– [2013];People v. Philips, 30 A.D.3d 621, 817 N.Y.S.2d 373).
The defendant's valid waiver of his right to appeal precludes review of his claim that the procedure used to adjudicate him a second felony offender was defective ( see People v. Kosse, 94 A.D.3d 908, 941 N.Y.S.2d 847;People v. Lassiter, 48 A.D.3d 700, 852 N.Y.S.2d 311).