Appellate Division of the Supreme Court of New York, 2009

People v. Johnson

People v. Johnson
Appellate Division of the Supreme Court of New York · Decided January 27, 2009
58 A.D.3d 868; 870 N.Y.S.2d 919
People v. Johnson

Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Grosso, J.), rendered March 20, 2007, convicting him of criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Ramos, 7 NY3d 737, 738 [2006]; People v Lopez, 6 NY3d 248, 256 [2006]; People v Seaberg, 74 NY2d 1, 11 [1989]). The defendant’s valid waiver of his right to appeal forecloses appellate review of his challenge to the Supreme Court’s denial of that branch of his omnibus motion which was to suppress physical evidence (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Cardona, 51 AD3d 941 [2008]; People v Castillo, 49 AD3d 777 [2008]; People v DeAngelo, 40 AD3d 656 [2007]). Spolzino, J.P., Santucci, Leventhal and Chambers, JJ., concur.

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