Summary
finding defendant's valid appeal waiver precluded appellate review of his challenge to the trial court's suppression determination
Summary of this case from Persaud v. KirkpatrickOpinion
2013-06-12
The PEOPLE, etc., respondent, v. Kayode OSENI, appellant.
Mark Diamond, New York, N.Y., for appellant. Janet DiFiore, District Attorney, White Plains, N.Y. (Raffaelina Gianfrancesco, Laurie G. Sapakoff, and Richard Longworth Hecht of counsel), for respondent.
Mark Diamond, New York, N.Y., for appellant. Janet DiFiore, District Attorney, White Plains, N.Y. (Raffaelina Gianfrancesco, Laurie G. Sapakoff, and Richard Longworth Hecht of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County (Holdman, J.), rendered June 18, 2010, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal ( see People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222;People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145). The defendant's valid waiver precludes appellate review of his challenge to the hearing court's suppression determination ( see People v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754;People v. Hackett, 93 A.D.3d 807, 807, 939 N.Y.S.2d 886;People v. Pena, 73 A.D.3d 1216, 1216, 900 N.Y.S.2d 913;People v. Johnson, 58 A.D.3d 868, 868, 870 N.Y.S.2d 919).
The defendant's contention that his plea of guilty was not knowingly, voluntarily, and intelligently entered is unpreserved for appellate review ( seeCPL 220.60[3]; 470.05[2]; *678People v. Toxey, 86 N.Y.2d 725, 726, 631 N.Y.S.2d 119, 655 N.E.2d 160;People v. Lopez, 71 N.Y.2d 662, 665, 529 N.Y.S.2d 465, 525 N.E.2d 5;People v. McKenzie, 98 A.D.3d 749, 750, 950 N.Y.S.2d 177). Moreover, the rare exception to the preservation requirement is inapplicable ( see People v. Lopez, 71 N.Y.2d at 666, 529 N.Y.S.2d 465, 525 N.E.2d 5;People v. Devodier, 102 A.D.3d 884, 958 N.Y.S.2d 220). In any event, the contention is without merit.