Opinion
2019-10282 Ind. No. 648/18
07-27-2022
The PEOPLE, etc., respondent, v. Augustus MOORE, appellant.
Lisa H. Blitman, New York, NY, for appellant. Miriam E. Rocah, District Attorney, White Plains, NY (Brian R. Pouliot and William C. Milaccio of counsel), for respondent.
Lisa H. Blitman, New York, NY, for appellant.
Miriam E. Rocah, District Attorney, White Plains, NY (Brian R. Pouliot and William C. Milaccio of counsel), for respondent.
VALERIE BRATHWAITE NELSON, J.P., REINALDO E. RIVERA, CHERYL E. CHAMBERS, DEBORAH A. DOWLING, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Westchester County (Anne E. Minihan, J.), rendered July 16, 2019, convicting him of robbery in the first degree, burglary in the first degree, and criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant was charged, inter alia, with robbery in the first degree, burglary in the first degree, and criminal possession of a weapon in the third degree in connection with an incident that occurred on January 18, 2018. In an omnibus motion, the defendant moved, inter alia, to suppress photo array identification evidence. After a hearing, the County Court denied that branch of the defendant's omnibus motion. Subsequently, the defendant was convicted, upon his plea of guilty, of robbery in the first degree, burglary in the first degree, and criminal possession of a weapon in the third degree. At the plea proceeding, the defendant waived his right to appeal.
The defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Lopez, 6 N.Y.3d 248, 254, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Seaberg, 74 N.Y.2d 1, 11, 543 N.Y.S.2d 968, 541 N.E.2d 1022 ; People v. Rosario, 204 A.D.3d 703, 163 N.Y.S.3d 849 ). The defendant's valid waiver of his right to appeal precludes appellate review of his challenge to the adverse suppression ruling pertaining to the photo array identification procedure (see People v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754 ; People v. Watts, 192 A.D.3d 1048, 140 N.Y.S.3d 767 ; People v. Smith, 178 A.D.3d 965, 966, 112 N.Y.S.3d 522 ).
BRATHWAITE NELSON, J.P., RIVERA, CHAMBERS and DOWLING, JJ., concur.