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People v. Smith

Appellate Division of the Supreme Court of New York, First Department
Jun 27, 2002
295 A.D.2d 286 (N.Y. App. Div. 2002)

Opinion

1505

June 27, 2002.

Judgment, Supreme Court, Bronx County (William Mogulescu, J. atMapp/Dunaway hearing; Harold Silverman, J. at Huntley hearing, plea and sentence), rendered December 11, 2000, convicting defendant of attempted criminal possession of a weapon in the third degree, and sentencing him, as a persistent violent felony offender, to a term of 3 years to life, unanimously affirmed.

DANIELLE L. ATTIAS, for respondent.

MICHAEL J.Z. MANNHEIMER, for defendant-appellant.

Before: Andrias, J.P., Buckley, Rosenberger, Wallach, Gonzalez, JJ.


Defendant's waiver of the right to appeal clearly encompassed the suppression ruling and related issues (see, People v. Kemp, 94 N.Y.2d 831, 833, People v. Moissett, 76 N.Y.2d 909, 910-911). Accordingly, appellate review is foreclosed.

Although the appeal waiver, by its terms, permits defendant to challenge his adjudication as a persistent violent felony offender, his claim that the People failed to comply with the procedural requirements for such an adjudication is a claim requiring preservation (People v. Proctor, 79 N.Y.2d 992; People v. Oliver, 63 N.Y.2d 973), and we decline to review this unpreserved claim in the interest of justice. Were we to review this claim, we would find that defendant's adjudication complied with the statutory requirements (see, People v. Bouyea, 64 N.Y.2d 1140).

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


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, First Department
Jun 27, 2002
295 A.D.2d 286 (N.Y. App. Div. 2002)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DOUGLAS SMITH…

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

Date published: Jun 27, 2002

Citations

295 A.D.2d 286 (N.Y. App. Div. 2002)
743 N.Y.S.2d 869

Citing Cases

Smith v. Donnelly

(Docket No. 2; Pet. ¶¶ 1-5) Petitioner appealed his sentence, and it was affirmed. See People v. Smith, 295…