Opinion
2017–06004 Ind. No. 2849/15
04-17-2019
The PEOPLE, etc., respondent, v. Sheldon K. BUCHANAN, appellant.
Paul Skip Laisure, New York, N.Y. (Hannah Zhao of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Ellen C. Abbot, and Eugene J. Dirks of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (Hannah Zhao of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Ellen C. Abbot, and Eugene J. Dirks of counsel), for respondent.
MARK C. DILLON, J.P., HECTOR D. LASALLE, BETSY BARROS, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Queens County (James P. Griffin, J., at plea; Barry Kron, J., at sentencing), rendered January 30, 2017, 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.
Contrary to the defendant's contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Sanders, 25 N.Y.3d 337, 339–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; cf. People v. Brown, 122 A.D.3d 133, 145–146, 992 N.Y.S.2d 297 ).
The defendant's valid waiver of his right to appeal forecloses appellate review of his challenge to the hearing court's suppression determination (see People v. Patterson, 106 A.D.3d 757, 964 N.Y.S.2d 233 ; People v. Kidd, 100 A.D.3d 779, 953 N.Y.S.2d 863 ; People v. Holland, 44 A.D.3d 874, 843 N.Y.S.2d 457 ; People v. Brathwaite, 263 A.D.2d 89, 91, 703 N.Y.S.2d 191 ).
DILLON, J.P., LASALLE, BARROS and CHRISTOPHER, JJ., concur.