Opinion
02-01-2017
The PEOPLE, etc., respondent, v. Ayanna ZELLNER, appellant.
Matthew Muraskin, Port Jefferson, NY, for appellant. Madeline Singas, District Attorney, Mineola, NY (Judith R. Sternberg and Monica M.C. Leiter of counsel), for respondent.
Matthew Muraskin, Port Jefferson, NY, for appellant.
Madeline Singas, District Attorney, Mineola, NY (Judith R. Sternberg and Monica M.C. Leiter of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Quinn, J.), rendered September 23, 2015, convicting her of criminal possession of a weapon in the second degree, upon her plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's valid waiver of her right to appeal forecloses appellate review of her challenge to the hearing court's suppression determination (see People v. Sanders, 25 N.Y.3d 337, 342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754 ; People v. Anlyan, 142 A.D.3d 670, 671, 36 N.Y.S.3d 829 ; People v. Nelson, 137 A.D.3d 948, 26 N.Y.S.3d 481 ).
To the extent the defendant challenges the validity of her plea of guilty, her contention is unpreserved for appellate review (see People v. Williams, 27 N.Y.3d 212, 214, 32 N.Y.S.3d 17, 51 N.E.3d 528 ). Contrary to the defendant's contention, the exception to the preservation requirement does not apply here, because her plea allocution did not cast significant doubt upon her guilt, negate an essential element of the crime, or call into question the voluntariness of the plea (see People v. Lopez, 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5 ; People v. Hardman, 135 A.D.3d 785, 786, 22 N.Y.S.3d 590 ). In any event, the plea allocution was adequate (see People v. Goldstein, 12 N.Y.3d 295, 301, 879 N.Y.S.2d 814, 907 N.E.2d 692 ; People v. Anlyan, 142 A.D.3d at 671, 36 N.Y.S.3d 829).
BALKIN, J.P., LEVENTHAL, ROMAN and LaSALLE, JJ., concur.