People v. Abraham

Decision Date17 May 2017
Citation52 N.Y.S.3d 228 (Mem)
Parties The PEOPLE, etc., respondent, v. Henry Abraham, appellant.
CourtNew York Supreme Court — Appellate Division

Lynn W.L. Fahey, New York, NY (David P. Greenberg of counsel), for appellant.

Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove, Sholom J. Twersky, and Jordan Cerruti of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dwyer, J.), rendered May 15, 2014, convicting him of criminal possession of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's valid waiver of his right to appeal forecloses appellate review of his challenge to the hearing court's suppression determination (see People v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754 ; People v. Sanchez, 122 A.D.3d 778, 778–779, 995 N.Y.S.2d 609 ; People v. Kidd, 100 A.D.3d 779, 779, 953 N.Y.S.2d 863 ), and his contention that the sentence imposed was excessive (see People v. Seaberg, 74 N.Y.2d 1, 9, 543 N.Y.S.2d 968, 541 N.E.2d 1022 ).

RIVERA, J.P., HALL, LaSALLE and CONNOLLY, JJ., concur.

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2 cases
  • People v. Farray
    • United States
    • New York Supreme Court — Appellate Division
    • 29 Mayo 2019
    ...waived his right to appeal (see People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Abraham, 150 A.D.3d 1021, 52 N.Y.S.3d 228 ; People v. Brown, 122 A.D.3d 133, 992 N.Y.S.2d 297 ). The Supreme Court adequately explained, and the defendant acknowledged that ......
  • People v. Turbe
    • United States
    • New York Supreme Court — Appellate Division
    • 31 Octubre 2018
    ...v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754 ; People v. Zapata, 158 A.D.3d 778, 68 N.Y.S.3d 757 ; People v. Abraham, 150 A.D.3d 1021, 52 N.Y.S.3d 228 ). DILLON, J.P., LEVENTHAL, ROMAN and DUFFY, JJ., ...

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