People v. Hackett

Citation939 N.Y.S.2d 886,93 A.D.3d 807,2012 N.Y. Slip Op. 02115
PartiesThe PEOPLE, etc., respondent, v. Raymond HACKETT, appellant.
Decision Date20 March 2012
CourtNew York Supreme Court Appellate Division

OPINION TEXT STARTS HERE

Steven A. Feldman, Uniondale, N.Y. (Azra Feldman of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas Constant of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Ambro, J.), rendered December 13, 2010, convicting him of criminal possession of a controlled substance in the third degree and attempted conspiracy in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant knowingly, voluntarily, and intelligently waived his right to appeal ( see People v. Ramos, 7 N.Y.3d 737, 819 N.Y.S.2d 853, 853 N.E.2d 222; People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145; People v. Callahan, 80 N.Y.2d 273, 280, 590 N.Y.S.2d 46, 604 N.E.2d 108; People v. Seaberg, 74 N.Y.2d 1, 11, 543 N.Y.S.2d 968, 541 N.E.2d 1022; *887 People v. Duah, 91 A.D.3d 884, 936 N.Y.S.2d 907). 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. Pena, 73 A.D.3d 1216, 1216–1217, 900 N.Y.S.2d 913; People v. Johnson, 58 A.D.3d 868, 868, 870 N.Y.S.2d 919).

The defendant's contention that the County Court coerced him into pleading guilty is unpreserved for appellate review ( see People v. Strong, 80 A.D.3d 717, 717–718, 914 N.Y.S.2d 679; People v. Scivolette, 80 A.D.3d 630, 630–631, 914 N.Y.S.2d 662; People v. Dash, 74 A.D.3d 1859, 1859, 902 N.Y.S.2d 490). In any event, the defendant's contention is unsupported by the record ( see People v. Strong, 80 A.D.3d at 717–718, 914 N.Y.S.2d 679; People v. Scivolette, 80 A.D.3d at 631, 914 N.Y.S.2d 662; People v. Bravo, 72 A.D.3d 697, 698, 899 N.Y.S.2d 280; People v. Pagan, 297 A.D.2d 582, 582, 747 N.Y.S.2d 174).

DICKERSON, J.P., CHAMBERS, AUSTIN and MILLER, JJ., concur.

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9 cases
  • People v. King
    • United States
    • New York Supreme Court — Appellate Division
    • 27 February 2019
    ...Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754 ; People v. Jessamy, 137 A.D.3d 1056, 1056, 28 N.Y.S.3d 376 ; People v. Hackett, 93 A.D.3d 807, 939 N.Y.S.2d 886 ).The defendant's valid waiver of the right to appeal also precludes appellate review of his contention that he was depr......
  • People v. Holcombe
    • United States
    • New York Supreme Court — Appellate Division
    • 30 April 2014
    ...see CPL 220.60[3]; People v. Franco, 104 A.D.3d 790, 960 N.Y.S.2d 507;People v. Foster, 99 A.D.3d 812, 951 N.Y.S.2d 890;People v. Hackett, 93 A.D.3d 807, 939 N.Y.S.2d 886). In any event, the defendant's contentions are without merit and belied by the record. The remarks made by the prosecut......
  • People v. Oseni
    • United States
    • New York Supreme Court — Appellate Division
    • 12 June 2013
    ...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. Hackett, 93 A.D.3d 807, 807, 939 N.Y.S.2d 886;People v. Pena, 73 A.D.3d 1216, 1216, 900 N.Y.S.2d 913;People v. Johnson, 58 A.D.3d 868, 868, 870 N.Y.S.2d 919). The de......
  • People v. Persaud
    • United States
    • New York Supreme Court — Appellate Division
    • 11 June 2014
    ...v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754;People v. Oseni, 107 A.D.3d 829, 829, 966 N.Y.S.2d 677;People v. Hackett, 93 A.D.3d 807, 807, 939 N.Y.S.2d 886), and his claim that the sentence imposed was excessive ( see People v. Lopez, 6 N.Y.3d 248, 258, 811 N.Y.S.2d 623, 844......
  • Request a trial to view additional results

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