Opinion
9713 Ind. 2601/15
06-25-2019
The PEOPLE of the State of New York, Respondent, v. Kenneth CREDLE, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Nicolas Duque Franco of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Nicole Neckles of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Nicolas Duque Franco of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Nicole Neckles of counsel), for respondent.
Gische, J.P., Tom, Kapnick, Kern, Moulton, JJ.
Judgment, Supreme Court, Bronx County (Miriam R. Best, J.), rendered September 7, 2017, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the fourth degree, and sentencing him to a term of one year, unanimously affirmed.
Defendant made a valid waiver of his right to appeal (see People v. Bryant, 28 N.Y.3d 1094, 45 N.Y.S.3d 335, 68 N.E.3d 60 [2016] ). The waiver of the right to appeal includes a waiver of the right to challenge any ruling on a suppression motion ( People v. Marrero, 40 A.D.3d 321, 836 N.Y.S.2d 96 [1st Dept. 2007], lv denied 9 N.Y.3d 867, 840 N.Y.S.2d 896, 872 N.E.2d 1202 [2007] ). Regardless of whether defendant made a valid waiver of his right to appeal, we find that the court properly denied his suppression motion. There is no basis for disturbing the court's credibility determinations, which are supported by the record (see People v. Prochilo, 41 N.Y.2d 759, 761, 395 N.Y.S.2d 635, 363 N.E.2d 1380 [1977] ).