From Casetext: Smarter Legal Research

People v. Eimers

Appellate Division of the Supreme Court of New York, Second Department
Jun 30, 2009
63 A.D.3d 1177 (N.Y. App. Div. 2009)

Opinion

No. 2007-08174.

June 30, 2009.

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (R. Doyle, J.), rendered September 5, 2006, convicting him of attempted robbery in the second degree, upon his plea of guilty, and imposing sentence.

Stephen N. Preziosi, P.C., Smithtown, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Rosalind C. Gray of counsel), for respondent.

Before: Spolzino, J.P., Santucci, Florio and Lott, JJ., concur.


Ordered that the judgment is affirmed.

The defendant's valid and comprehensive waiver of his right to appeal forecloses appellate review of his contention regarding the hearing court's suppression determination ( see People v Kemp, 94 NY2d 831, 833; People v Perry, 60 AD3d 974, lv denied 12 NY3d 857; People v Russell, 60 AD3d 706).


Summaries of

People v. Eimers

Appellate Division of the Supreme Court of New York, Second Department
Jun 30, 2009
63 A.D.3d 1177 (N.Y. App. Div. 2009)
Case details for

People v. Eimers

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EUGENE EIMERS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 30, 2009

Citations

63 A.D.3d 1177 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 5569
881 N.Y.S.2d 315

Citing Cases

People v. Ellis

Ordered that the judgment is affirmed. The record establishes that the defendant executed a written waiver of…