Opinion
708 KA 16–01193
06-15-2018
The PEOPLE of the State of New York, Respondent, v. Antwan LINDSAY, Defendant–Appellant.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (BARBARA J. DAVIES OF COUNSEL, Buffalo), FOR DEFENDANT–APPELLANT. JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (MATTHEW B. POWERS OF COUNSEL), FOR RESPONDENT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (BARBARA J. DAVIES OF COUNSEL, Buffalo), FOR DEFENDANT–APPELLANT.
JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (MATTHEW B. POWERS OF COUNSEL), FOR RESPONDENT.
PRESENT: CARNI, J.P., LINDLEY, NEMOYER, CURRAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of robbery in the third degree ( Penal Law § 160.05 ). Contrary to defendant's contention, the record establishes that he validly waived his right to appeal (see People v. Mellerson, 156 A.D.3d 1488, 1488–1489, 65 N.Y.S.3d 833 [4th Dept. 2017], lv denied 30 N.Y.3d 1117, 77 N.Y.S.3d 342, 101 N.E.3d 983 [2018] ; People v. Hollis, 147 A.D.3d 1505, 1505, 46 N.Y.S.3d 467 [4th Dept. 2017], lv denied 29 N.Y.3d 1033, 62 N.Y.S.3d 301, 84 N.E.3d 973 [2017] ). Defendant's reliance on People v. Brown, 296 A.D.2d 860, 745 N.Y.S.2d 368 [4th Dept. 2002], lv denied 98 N.Y.2d 767, 752 N.Y.S.2d 7, 781 N.E.2d 919 [2002] is misplaced inasmuch as County Court "provided defendant with an extensive and detailed description of the proposed waiver of the right to appeal before securing his consent thereto" ( People v. Thomas, 158 A.D.3d 1191, 1191, 67 N.Y.S.3d 878 [4th Dept. 2018] ). Defendant's valid waiver of his right to appeal forecloses his challenge to the court's suppression ruling (see People v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754 [1999] ).