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People v. Browne

Appellate Division of the Supreme Court of New York, First Department
Jan 27, 2004
3 A.D.3d 448 (N.Y. App. Div. 2004)

Opinion

2739.

Decided January 27, 2004.

Judgment, Supreme Court, Bronx County (Martin Marcus, J. at hearing; Troy Webber, J. at plea and sentence), rendered September 10, 2002, convicting defendant of robbery in the first degree, and sentencing him to a term of 5 years, unanimously affirmed.

Jonathan Zucker, for Respondent.

Steven R. Berko, for Defendant-Appellant.

Before: Tom, J.P., Andrias, Lerner, Friedman, Marlow, JJ.


Defendant's valid waiver of his right to appeal encompassed the hearing court's suppression ruling ( see People v. Kemp, 94 N.Y.2d 831) . Accordingly, review of that issue is foreclosed. In any event, were we to find that the waiver did not foreclose review, we would reject defendant's suppression claims.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Browne

Appellate Division of the Supreme Court of New York, First Department
Jan 27, 2004
3 A.D.3d 448 (N.Y. App. Div. 2004)
Case details for

People v. Browne

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent v. DESMOND BROWNE…

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

Date published: Jan 27, 2004

Citations

3 A.D.3d 448 (N.Y. App. Div. 2004)
770 N.Y.S.2d 625