People v. Berry

• Citation: 652 N.Y.S.2d 997,235 A.D.2d 485
• Parties: The PEOPLE, etc., Respondent, v. Kareem BERRY, Appellant.
• Decision Date: 21 January 1997
• Court: New York Supreme Court — Appellate Division

Page 997

652 N.Y.S.2d 997

235 A.D.2d 485

The PEOPLE, etc., Respondent, v. Kareem BERRY, Appellant.

Supreme Court of New York, Appellate Division, Second Department.

Jan. 21, 1997.

Daniel L. Greenberg, New York City (Nancy E. Little, of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Roseann B. MacKechnie, Diane R. Eisner, and Cynthia H. Hardaway, of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Juviler, J.), rendered July 15, 1993, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contentions, the record demonstrates that as a condition of his plea of guilty he knowingly, intentionally, and voluntarily waived appellate review of "anything that's already happened in [this] case" (see, People v. Calvi, 89 N.Y.2d 868, 653 N.Y.S.2d 89, 675 N.E.2d 843; People v. Allen, 82 N.Y.2d 761, 603 N.Y.S.2d 820, 623 N.E.2d 1170). Additionally, after a thorough explanation of his rights, the defendant expressly agreed to waive appellate review of the denial of those branches of his omnibus motion which were to suppress a gun and identification evidence (see, People v. Capone, 229 A.D.2d 445, 645 N.Y.S.2d 321; People v. Maize, 226 A.D.2d 654, 641 N.Y.S.2d 561; People v. Byrd, 225 A.D.2d 631, 639 N.Y.S.2d 735; People v. Sebastian, 197 A.D.2d 647, 604 N.Y.S.2d 771). Therefore, appellate review of the suppression issues the defendant presently attempts to raise is unavailable.

MILLER, J.P., and SANTUCCI, JOY and KRAUSMAN, JJ., concur.