People v. Farray

• Decision Date: 29 May 2019
• Docket Number: 2012–06554,Ind.No. 4542/10
• Citation: 172 A.D.3d 1401,99 N.Y.S.3d 652
• Parties: The PEOPLE, etc., Respondent, v. Jeffrey FARRAY, Appellant.
• Court: New York Supreme Court — Appellate Division

172 A.D.3d 1401

99 N.Y.S.3d 652 (Mem)

The PEOPLE, etc., Respondent,

v.Jeffrey FARRAY, Appellant.

2012–06554

Ind.No. 4542/10

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

Submitted—January 28, 2019

May 29, 2019

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 (seePeople 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 (seePeople 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 (seePeople 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.