Opinion
11-23-2016
The PEOPLE, etc., respondent, v. Allah SEARS, appellant.
Lynn W.L. Fahey, New York, NY (Barry Stendig of counsel), for appellant. Michael E. McMahon, District Attorney, Staten Island, NY (Morrie I. Kleinbart and Alexander Fumelli of counsel), for respondent.
Lynn W.L. Fahey, New York, NY (Barry Stendig of counsel), for appellant.
Michael E. McMahon, District Attorney, Staten Island, NY (Morrie I. Kleinbart and Alexander Fumelli of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney, J.), rendered November 21, 2013, convicting him of criminal possession of a controlled substance in the fourth degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Under the circumstances of this case, including the defendant's background, which includes a prior felony conviction from which an appeal was taken (see People v. Sears, 9 A.D.3d 472, 780 N.Y.S.2d 178 ), we conclude that the defendant's waiver of his right to appeal was valid (see People v. Sanders, 25 N.Y.3d 337, 340–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; cf. People v. Zaffuto, 138 A.D.3d 1156, 28 N.Y.S.3d 897 ; see generally People v. Brown, 122 A.D.3d 133, 138, 992 N.Y.S.2d 297 ). The defendant's valid waiver of his right to appeal precludes appellate review of the denial of that branch of his omnibus motion which was to suppress physical evidence (see People v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754 ; People v. Cannon, 123 A.D.3d 1138, 997 N.Y.S.2d 641 ; People v. Vaiana, 119 A.D.3d 879, 989 N.Y.S.2d 375 ).
DILLON, J.P., HINDS–RADIX, MALTESE and BARROS, JJ., concur.