Appellate Division of the Supreme Court of New York, 1999

People v. Holmes

People v. Holmes
Appellate Division of the Supreme Court of New York · Decided December 7, 1999
267 A.D.2d 45; 699 N.Y.S.2d 671; 1999 N.Y. App. Div. LEXIS 12689
People v. Holmes

Opinion of the Court

—Judgment, *46Supreme Court, Bronx County (Richard Price, J.), rendered January 9, 1995, convicting defendant, upon his plea of guilty, of attempted criminal , possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 2>xh to 7 years, unanimously affirmed.

The record of defendant’s plea allocution establishes that he voluntarily and knowingly waived his right to appeal (see, People v Moissett, 76 NY2d 909). Accordingly, appellate review of the denial of defendant’s suppression motion is foreclosed. Concur — Lerner, J. P., Saxe, Buckley and Friedman, JJ.

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