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People v. McFadden

Appellate Division of the Supreme Court of New York, Second Department
Sep 11, 2007
43 A.D.3d 962 (N.Y. App. Div. 2007)

Opinion

No. 2006-03544.

September 11, 2007.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Latella, J.), rendered March 30, 2006, convicting him of criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.

Kevin Costello, Flushing, N.Y., for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and Jennifer Etkin of counsel), for respondent.

Before: Mastro, J.P., Covello, McCarthy and Dickerson, JJ., concur.


Ordered that the judgment is affirmed.

The defendant knowingly, voluntarily, and intelligently waived his right to appeal ( see People v Ramos, 7 NY3d 737, 738; People v Lopez, 6 NY3d 248, 256; People v Seaberg, 74 NY2d 1, 10). His valid waiver of his right to appeal forecloses appellate review of his challenge to the Supreme Court's suppression determination ( see People v Correa, 227 AD2d 414; People v Velasquez, 181 AD2d 751, 751-752; People v Butler, 167 AD2d 347).


Summaries of

People v. McFadden

Appellate Division of the Supreme Court of New York, Second Department
Sep 11, 2007
43 A.D.3d 962 (N.Y. App. Div. 2007)
Case details for

People v. McFadden

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRANDON D. McFADDEN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 11, 2007

Citations

43 A.D.3d 962 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 6720
840 N.Y.S.2d 916

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