From Casetext: Smarter Legal Research

People v. Wilkins

Appellate Division of the Supreme Court of New York, Third Department
May 16, 2002
294 A.D.2d 707 (N.Y. App. Div. 2002)

Opinion

10562

May 16, 2002.

Appeal from a judgment of the Supreme Court (Lamont, J.), rendered March 25, 1998 in Albany County, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the third degree.

Eugene P. Devine, Public Defender, Albany (Theresa M. Suozzi of counsel), for appellant.

Paul A. Clyne, District Attorney, Albany (Bradley A. Sherman of counsel), for respondent.

Before: Crew III, J.P., Peters, Spain, Carpinello and Rose, JJ.


MEMORANDUM AND ORDER


Defendant's only claim on this appeal, that Supreme Court erred in denying his pretrial suppression motion, was encompassed by his knowing, voluntary and intelligent waiver of the right to appeal, which was intended comprehensively to cover all aspects of the case and was included as part of the plea bargain (see, People v. Kemp, 94 N.Y.2d 831). This Court has repeatedly enforced a defendant's waiver of the right to appeal as a bar to review of the denial of a suppression motion (see, e.g., People v. Jennings, 280 A.D.2d 697, lv denied 96 N.Y.2d 920; People v. Smith, 210 A.D.2d 533, lv denied 84 N.Y.2d 1039; People v. Hayes, 169 A.D.2d 999, lv denied 78 N.Y.2d 955) and we see no reason not to do so in this case (see, People v. Collier, 232 A.D.2d 878, lv denied 89 N.Y.2d 863).

Crew III, J.P., Spain, Carpinello and Rose, JJ., concur.

ORDERED that the judgment is affirmed.


Summaries of

People v. Wilkins

Appellate Division of the Supreme Court of New York, Third Department
May 16, 2002
294 A.D.2d 707 (N.Y. App. Div. 2002)
Case details for

People v. Wilkins

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEITH WILKINS…

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

Date published: May 16, 2002

Citations

294 A.D.2d 707 (N.Y. App. Div. 2002)
741 N.Y.S.2d 746

Citing Cases

People v. Thomas

Defendant's right to challenge on appeal County Court's ruling on the suppression motion was specifically…

People v. Reid

On appeal, defendant argues that County Court erred in a particular suppression ruling, namely, permitting…