Opinion
2018–08695 Ind. No. 127/17
02-17-2021
The PEOPLE, etc., respondent, v. Ronaldo TENNANT, appellant.
Thomas N.N. Angell, Poughkeepsie, N.Y. ( Jennifer Burton of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. ( Kirsten A. Rappleyea of counsel), for respondent.
Thomas N.N. Angell, Poughkeepsie, N.Y. ( Jennifer Burton of counsel), for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. ( Kirsten A. Rappleyea of counsel), for respondent.
CHERYL E. CHAMBERS, J.P., ROBERT J. MILLER, COLLEEN D. DUFFY, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J.), rendered June 27, 2018, 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 record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal ( see People v. Sanders, 25 N.Y.3d 337, 341, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). The defendant's valid waiver of his right to appeal precludes appellate review of his challenge to the County 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. Hanniford, 174 A.D.3d 921, 922, 103 N.Y.S.3d 318 ; People v. Turbe, 165 A.D.3d 1297, 84 N.Y.S.3d 791 ).
Moreover, the defendant's valid waiver of his right to appeal precludes appellate review of his contentions that the County Court improvidently exercised its discretion in declining to grant him youthful offender treatment, and that the sentence imposed was excessive ( see People v. Pacherille, 25 N.Y.3d 1021, 1024, 10 N.Y.S.3d 178, 32 N.E.3d 393 ; People v. Pettiford, 187 A.D.3d 1062, 131 N.Y.S.3d 173 ).
CHAMBERS, J.P., MILLER, DUFFY and CHRISTOPHER, JJ., concurr