Opinion
03-09-2016
The PEOPLE, etc., respondent, v. LeRoy M. NELSON, appellant.
Arza Feldman, Uniondale, N.Y. (Steven A. Feldman of counsel), for appellant. Madeline Singas, District Attorney, Mineola, N.Y. (Jason R. Richards and Joseph Mogelnicki of counsel), for respondent.
Arza Feldman, Uniondale, N.Y. (Steven A. Feldman of counsel), for appellant.
Madeline Singas, District Attorney, Mineola, N.Y. (Jason R. Richards and Joseph Mogelnicki of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Donnino, J., at plea and sentence; St. George, J., at hearing), rendered June 7, 2013, convicting him of robbery in the first degree (three counts) and criminal mischief in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's knowing, voluntary, and intelligent waiver of his right to appeal forecloses appellate review of his challenge to the hearing court's suppression determination (see People v. Kemp, 94 N.Y.2d 831, 703 N.Y.S.2d 59, 724 N.E.2d 754 ; People v. Sanchez, 122 A.D.3d 778, 995 N.Y.S.2d 609 ; People v. Kidd, 100 A.D.3d 779, 953 N.Y.S.2d 863 ), as well as his contention that he was precluded from writing notes to counsel during the suppression hearing because he was handcuffed (cf. People v. Scott, 31 A.D.3d 816, 819 N.Y.S.2d 324 ; People v. Wolmart, 5 A.D.3d 706, 774 N.Y.S.2d 723 ).
In addition, by pleading guilty, the defendant forfeited his right to seek review of any alleged Brady violation (see Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 ; People v. Huggins, 105 A.D.3d 760, 961 N.Y.S.2d 784 ; People v. Philips, 30 A.D.3d 621, 817 N.Y.S.2d 373 ; People v. Knickerbocker, 230 A.D.2d 753, 646 N.Y.S.2d 171 ).
MASTRO, J.P., CHAMBERS, MILLER and HINDS–RADIX, JJ., concur.