Opinion
2012-03-20
The PEOPLE, etc., respondent, v. Raymond HACKETT, appellant.
Steven A. Feldman, Uniondale, N.Y. (Azra Feldman of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas Constant of counsel), for respondent.
Steven A. Feldman, Uniondale, N.Y. (Azra Feldman of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas Constant of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Ambro, J.), rendered December 13, 2010, convicting him of criminal possession of a controlled substance in the third degree and attempted conspiracy in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant knowingly, voluntarily, and intelligently waived his right to appeal ( see People v. Ramos, 7 N.Y.3d 737, 819 N.Y.S.2d 853, 853 N.E.2d 222; People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145; People v. Callahan, 80 N.Y.2d 273, 280, 590 N.Y.S.2d 46, 604 N.E.2d 108; People v. Seaberg, 74 N.Y.2d 1, 11, 543 N.Y.S.2d 968, 541 N.E.2d 1022; *887 People v. Duah, 91 A.D.3d 884, 936 N.Y.S.2d 907). 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. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754; People v. Pena, 73 A.D.3d 1216, 1216–1217, 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 the County Court coerced him into pleading guilty is unpreserved for appellate review ( see People v. Strong, 80 A.D.3d 717, 717–718, 914 N.Y.S.2d 679; People v. Scivolette, 80 A.D.3d 630, 630–631, 914 N.Y.S.2d 662; People v. Dash, 74 A.D.3d 1859, 1859, 902 N.Y.S.2d 490). In any event, the defendant's contention is unsupported by the record ( see People v. Strong, 80 A.D.3d at 717–718, 914 N.Y.S.2d 679; People v. Scivolette, 80 A.D.3d at 631, 914 N.Y.S.2d 662; People v. Bravo, 72 A.D.3d 697, 698, 899 N.Y.S.2d 280; People v. Pagan, 297 A.D.2d 582, 582, 747 N.Y.S.2d 174).