People v. Farray

Decision Date29 May 2019
Docket Number2012–06554,Ind.No. 4542/10
Citation172 A.D.3d 1401,99 N.Y.S.3d 652 (Mem)
Parties The PEOPLE, etc., Respondent, v. Jeffrey FARRAY, Appellant.
CourtNew York Supreme Court — Appellate Division

Paul Skip Laisure, New York, N.Y. (Isa Chakarian of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Sholom J. Twersky, and Ashlyn Miranda of counsel), for respondent.

ALAN D. SCHEINKMAN, P.J., JOHN M. LEVENTHAL, FRANCESCA E. CONNOLLY, VALERIE BRATHWAITE NELSON, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mark Dwyer, J.), rendered July 22, 2011, convicting him of criminal sale of a controlled substance in the third degree (two counts), upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, he knowingly, voluntarily, and intelligently 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 he understood, the separate and distinct nature of the waiver of the right to appeal, and the defendant signed a written waiver which he discussed with counsel and which adequately supplemented the oral colloquy (see People v. Elliot, 137 A.D.3d 715, 716, 27 N.Y.S.3d 386 ; People v. Rivera, 126 A.D.3d 727, 728, 2 N.Y.S.3d 376 ). 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. Abraham, 150 A.D.3d 1021, 52 N.Y.S.3d 228 ; 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 ).

SCHEINKMAN, P.J., LEVENTHAL, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

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3 cases
  • People v. Chy
    • United States
    • New York Supreme Court — Appellate Division
    • 10 Junio 2020
    ... ... Brown, 122 A.D.3d 133, 137, 992 N.Y.S.2d 297 ). The Supreme Court's colloquy did not ensure that the defendant understood the distinction between his waiver of the right to appeal and the other trial rights that are automatically forfeited upon a plea of guilty (see People v. Farray, 172 A.D.3d 1401, 1401, 99 N.Y.S.3d 652 ; People v. Ortiz, 167 A.D.3d 658, 658, 86 N.Y.S.3d 914 ; People v. Rivas, 166 A.D.3d 1019, 1020, 86 N.Y.S.3d 741 ; People v. Medina, 161 A.D.3d 778, 779, 76 N.Y.S.3d 629 ; People v. Diaz, 146 A.D.3d 803, 804, 46 N.Y.S.3d 627 ). Moreover, although the ... ...
  • Palisay v. City of N.Y.
    • United States
    • New York Supreme Court — Appellate Division
    • 29 Mayo 2019
  • People v. Deas
    • United States
    • New York Supreme Court — Appellate Division
    • 29 Mayo 2019

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