Opinion
2016–02662 Ind.No.15–00348
05-09-2018
The PEOPLE, etc., respondent, v. Percy W. SCOTT, appellant.
Bruce A. Petito, Poughkeepsie, NY, for appellant. David M. Hoovler, District Attorney, Middletown, N.Y. (Elizabeth L. Schulz of counsel), for respondent.
Bruce A. Petito, Poughkeepsie, NY, for appellant.
David M. Hoovler, District Attorney, Middletown, N.Y. (Elizabeth L. Schulz of counsel), for respondent.
RUTH C. BALKIN, J.P., JOHN M. LEVENTHAL, SYLVIA O. HINDS–RADIX, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Orange County (Nicholas DeRosa, J.), rendered February 25, 2016, 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.
The defendant validly waived his right to appeal (see People v. Sanders, 25 N.Y.3d 337, 340–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222 ), and the valid waiver of his right to appeal forecloses appellate review of the denial of that branch of his omnibus motion which was to controvert a search warrant and suppress the evidence recovered thereunder (see People v. Brathwaite, 263 A.D.2d 89, 91, 703 N.Y.S.2d 191 ). The defendant's waiver also precludes appellate review of his claim that he was deprived of the effective assistance of counsel inasmuch as the alleged ineffectiveness does not relate to the voluntariness of his plea (see People v. Atkins, 157 A.D.3d 899, 66 N.Y.S.3d 915 ; People v. Amay, 156 A.D.3d 895, 65 N.Y.S.3d 804 ; People v. Flowers, 152 A.D.3d 791, 59 N.Y.S.3d 408 ).
BALKIN, J.P., LEVENTHAL, HINDS–RADIX and CHRISTOPHER, JJ., concur.