Opinion
2019–08579 Ind. No. 1072/2018
12-30-2020
The PEOPLE, etc., respondent, v. Tony YANES–SANTOS, appellant.
Alan Katz, Garden City Park, NY, for appellant. Madeline Singas, District Attorney, Mineola, N.Y. (Jason R. Richards and Benjamin Kussman of counsel), for respondent.
Alan Katz, Garden City Park, NY, for appellant.
Madeline Singas, District Attorney, Mineola, N.Y. (Jason R. Richards and Benjamin Kussman of counsel), for respondent.
WILLIAM F. MASTRO, J.P., REINALDO E. RIVERA, ROBERT J. MILLER, COLLEEN D. DUFFY, JJ.
DECISION & ORDER Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Howard E. Sturim, J.), rendered June 11, 2019, convicting him of criminal contempt in the first degree and criminal mischief in the fourth 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, 339–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 [2015] ; People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ; see generally People v. Brown, 122 A.D.3d 133, 145–146, 992 N.Y.S.2d 297 [2014] ). The defendant's valid waiver of his right to appeal precludes appellate review of his challenge to the Supreme 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 [1999] ; People v. King, 169 A.D.3d 1060, 1060, 92 N.Y.S.3d 895 [2019] ; People v. Jessamy, 137 A.D.3d 1056, 1056, 28 N.Y.S.3d 376 [2016] ).
MASTRO, J.P., RIVERA, MILLER and DUFFY, JJ., concur.