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People v. Hanniford

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Nov 6, 2019
177 A.D.3d 587 (N.Y. App. Div. 2019)

Opinion

2016–07455 Ind. No. 66/15

11-06-2019

The PEOPLE, etc., Respondent, v. Dean R. HANNIFORD, Appellant.

Thomas T. Keating, Dobbs Ferry, NY, for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.


Thomas T. Keating, Dobbs Ferry, NY, for appellant.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.

CHERYL E. CHAMBERS, J.P., LEONARD B. AUSTIN, COLLEEN D. DUFFY, LINDA CHRISTOPHER, JJ.

DECISION & ORDER Appeal by the defendant from a judgment of the County Court, Dutchess County (Craig Stephen Brown, J.), rendered June 20, 2016, 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 entered a plea of guilty to an indictment charging him with criminal possession of a weapon in the second degree, withdrew all motions, including any motions to suppress any physical evidence, and waived his right to appeal (see People v. Bryant, 28 N.Y.3d 1094, 45 N.Y.S.3d 335, 68 N.E.3d 60 ; People v. Sanders, 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344 ). The defendant's valid waiver of his right to appeal precludes appellate review of his challenge to the County Court's suppression rulings (see People v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754 ; People v. Kane, 151 A.D.3d 751, 53 N.Y.S.3d 562 ), as well as his contention that the sentence imposed was excessive (see People v. Lopez, 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).

CHAMBERS, J.P., AUSTIN, DUFFY and CHRISTOPHER, JJ., concur.


Summaries of

People v. Hanniford

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Nov 6, 2019
177 A.D.3d 587 (N.Y. App. Div. 2019)
Case details for

People v. Hanniford

Case Details

Full title:The People of the State of New York, respondent, v. Dean R. Hanniford…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Nov 6, 2019

Citations

177 A.D.3d 587 (N.Y. App. Div. 2019)
2019 N.Y. Slip Op. 7880
109 N.Y.S.3d 875