Opinion
2016–06938 Ind. No. 1433/13
07-05-2018
The PEOPLE, etc., respondent, v. Talik LYONS, appellant.
The Legal Aid Society, New York, N.Y. (Anita Aboagye–Agyeman of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and William Branigan of counsel; Rachel N. Houle on the brief), for respondent.
The Legal Aid Society, New York, N.Y. (Anita Aboagye–Agyeman of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and William Branigan of counsel; Rachel N. Houle on the brief), for respondent.
JOHN M. LEVENTHAL, J.P., JEFFREY A. COHEN, SYLVIA O. HINDS–RADIX, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Gregory L. Lasak, J.), rendered May 19, 2016, 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.
The defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Brown, 122 A.D.3d 133, 992 N.Y.S.2d 297 ). The defendant's valid waiver of his right to appeal precludes appellate review of the defendant's contentions with respect to the denial of that branch of his omnibus motion which was to suppress physical evidence, and that his sentence was excessive (see People v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754 ; People v. Moore, 140 A.D.3d 1091, 1091, 34 N.Y.S.3d 147 ).
LEVENTHAL, J.P., COHEN, HINDS–RADIX and CONNOLLY, JJ., concur.