People v. Dunkins

• Decision Date: 16 September 1996
• Citation: 647 N.Y.S.2d 107,231 A.D.2d 587
• Parties: The PEOPLE, etc., Respondent, v. Mazi DUNKINS, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 107

647 N.Y.S.2d 107

231 A.D.2d 587

The PEOPLE, etc., Respondent, v.Mazi DUNKINS, Appellant.

Supreme Court of New York, Appellate Division Second Department.

Sept. 16, 1996.

Howard R. Teichner, Plainview, for appellant.

Richard A. Brown, District Attorney, Kew Gardens (Steven J. Chananie and Sharon Y. Brodt, of counsel; Alyson Weckstein, on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County(Clabby, J.), rendered December 20, 1993, convicting him of rape in the first degree, sodomy in the first degree, and burglary in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

On appeal, the defendant argues that his arrest was without probable cause, that the lineup was improperly conducted, and that the court improperly denied his pro se application to remove assigned counsel and to assign new counsel.However, the defendant waived appellate review of these issues as part of his negotiated plea agreement (see, People v. Callahan, 80 N.Y.2d 273, 590 N.Y.S.2d 46, 604 N.E.2d 108;People v. Seaberg, 74 N.Y.2d 1, 543 N.Y.S.2d 968, 541 N.E.2d 1022).Moreover, appellate review was foreclosed when the defendant agreed to withdraw all motions, including his pro se motion, as part of the plea agreement.He also forfeited his right to appellate review of the issues raised in his suppression motion by entering a plea of guilty before the conclusion of the suppression hearing (see, People v. Fernandez, 67 N.Y.2d 686, 499 N.Y.S.2d 919, 490 N.E.2d 838).

By failing to move to withdraw his guilty plea, the defendant has failed to preserve his present claim that the plea was...