Opinion
2014-11-12
The PEOPLE, etc., respondent, v. Montell BELL, appellant.
Seymour W. James, Jr., New York, N.Y. (Désirée Sheridan of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, William H. Branigan, and Adam K. Brody of counsel), for respondent.
Seymour W. James, Jr., New York, N.Y. (Désirée Sheridan of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, William H. Branigan, and Adam K. Brody of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Camacho, J., at plea; Kron, J., at sentence), rendered October 17, 2012, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, without a hearing (Camacho, J.), of that branch of the defendant's omnibus motion which was to suppress identification testimony.
ORDERED that the judgment is affirmed.
Under the circumstances of this case, the defendant's purported waiver of his right to appeal was invalid ( see People v. Lopez, 6 N.Y.3d 248, 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, 2014 N.Y. Slip Op. 06101 [2d Dept.2014] ). However, contrary to the defendant's contention, there is no basis in this record to conclude that the Supreme Court erred as a matter of law in denying that branch of the defendant's omnibus motion which was to suppress identification testimony ( see People v. Boyer, 6 N.Y.3d 427, 813 N.Y.S.2d 31, 846 N.E.2d 461; People v. Mendoza, 82 N.Y.2d 415, 421, 604 N.Y.S.2d 922, 624 N.E.2d 1017; People v. Wharton, 74 N.Y.2d 921, 923, 550 N.Y.S.2d 260, 549 N.E.2d 462). DICKERSON, J.P., LEVENTHAL, SGROI and LaSALLE, JJ., concur.