People v. Tominaro

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent v. JOHN TOMINARO, Appellant

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

Date published: May 10, 1999

261 A.D.2d 491 (N.Y. App. Div. 1999)

687 N.Y.S.2d 906

Opinion

May 10, 1999

Appeal from the Supreme Court, Queens County (Erlbaum, J.).

Ordered that the judgment is affirmed.

The defendant's contention that he did not effectively waive his right to appeal must be rejected. The minutes of the plea allocution demonstrated a knowing, voluntary, and intelligent waiver of his right to appeal from all aspects of his judgment of conviction, including the denial of those branches of his omnibus motion which were to suppress physical evidence, statements, and photographs obtained upon his arrest ( see, People v. Allen, 82 N.Y.2d 761, 763; People v. McCormick, 255 A.D.2d 339; People v. Stater, 248 A.D.2d 569; cf., People v. Woody, 240 A.D.2d 770).

In light of this determination, we need not reach the defendant's remaining contention.

Bracken, J. P., Thompson, Goldstein and Florio, JJ., concur.