Opinion
2014–10636 (Ind.No.10553/12)
04-25-2018
The PEOPLE, etc., respondent, v. Adrian TURNER, appellant.
Paul Skip Laisure, New York, N.Y. (David P. Greenberg of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Ann Bordley, and Arieh Schulman of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (David P. Greenberg of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Ann Bordley, and Arieh Schulman of counsel), for respondent.
WILLIAM F. MASTRO, J.P., SHERI S. ROMAN, BETSY BARROS, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Elizabeth Foley, J.), rendered October 15, 2014, convicting him of attempted 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, he knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Rance, 122 A.D.3d 949, 995 N.Y.S.2d 680 ; People v. Corbin, 121 A.D.3d 803, 993 N.Y.S.2d 746 ). Accordingly, the defendant's valid waiver of his right to appeal precludes appellate review of his contention that the Supreme Court improvidently exercised its discretion in allowing the prosecution to resubmit the charges against him to the grand jury (see People v. Callahan, 80 N.Y.2d 273, 280, 590 N.Y.S.2d 46, 604 N.E.2d 108 ; People v. Corbin, 121 A.D.3d at 804, 993 N.Y.S.2d 746 ; People v. Abdul, 112 A.D.3d 644, 645, 976 N.Y.S.2d 187 ).
MASTRO, J.P., ROMAN, BARROS and IANNACCI, JJ., concur.