People v. Barnaby
| Decision Date | 08 March 2017 |
| Parties | The PEOPLE, etc., respondent, v. Damion BARNABY, appellant. |
| Court | New York Supreme Court — Appellate Division |
Steven A. Feldman, Uniondale, NY, for appellant.
Madeline Singas, District Attorney, Mineola, NY (Donald Berk of counsel; Matthew C. Frankel on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (C. Quinn, J.), rendered March 13, 2014, convicting him of attempted robbery in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, his general waiver of his right to appeal encompassed the denial, after a hearing in lieu of motions, of suppression of identification testimony (see People v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754 ). The defendant's general waiver of his right to appeal was valid (see People v. Sanders, 25 N.Y.3d 337, 342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Nicholson, 15 A.D.3d 237, 789 N.Y.S.2d 153, affd. sub nom. People v. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ), and precludes appellate review of his challenges to the denial of suppression.
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