Opinion
2020–02400 Ind. No. 700/18
02-02-2022
The PEOPLE, etc., respondent, v. Kelvin ONEAL, appellant.
Thomas T. Keating, Dobbs Ferry, NY, for appellant. Anne T. Donnelly, District Attorney, Mineola, NY (Kevin C. King and Michael J. Balch of counsel), for respondent.
Thomas T. Keating, Dobbs Ferry, NY, for appellant.
Anne T. Donnelly, District Attorney, Mineola, NY (Kevin C. King and Michael J. Balch of counsel), for respondent.
BETSY BARROS, J.P., REINALDO E. RIVERA, JOSEPH J. MALTESE, WILLIAM G. FORD, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Nassau County (William O'Brien, J.), rendered October 18, 2019, convicting him of assault in the second degree (two counts), assault in the third degree (two counts), and leaving the scene of an incident without reporting, 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. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Sanders, 25 N.Y.3d 337, 339–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). The defendant's valid waiver of his right to appeal precludes appellate review of his contentions that the County Court erred in denying that branch of his omnibus motion which was to suppress certain identification testimony, and that the sentence imposed was excessive (see People v. Campbell, 192 A.D.3d 822, 823, 139 N.Y.S.3d 863 ; cf. People v. Garcia, 189 A.D.3d 879, 137 N.Y.S.3d 136 ).
BARROS, J.P., RIVERA, MALTESE and FORD, JJ., concur.