People v. Hanniford
| Citation | 103 N.Y.S.3d 318 (Mem),174 A.D.3d 921 |
| Decision Date | 31 July 2019 |
| Docket Number | Ind. No. 18/16,2017-06781 |
| Parties | The PEOPLE, etc., Respondent, v. Dean R. HANNIFORD, Appellant. |
| Court | New York Supreme Court — Appellate Division |
174 A.D.3d 921
103 N.Y.S.3d 318 (Mem)
The PEOPLE, etc., Respondent,
v.
Dean R. HANNIFORD, Appellant.
2017-06781
Ind. No. 18/16
Supreme Court, Appellate Division, Second Department, New York.
July 31, 2019
Submitted—April 2, 2019
Gary E. Eisenberg, New City, NY, for appellant.
Robert V. Tendy, District Attorney, Carmel, N.Y. (David M. Bishop of counsel), for respondent.
CHERYL E. CHAMBERS, J.P., JEFFREY A. COHEN, COLLEEN D. DUFFY, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Putnam County (James T. Rooney, J.), rendered June 14, 2017, convicting him of criminal possession of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review an order of protection issued at the time of sentencing.
ORDERED that upon the appeal from the judgment, the order of protection issued
at the time of sentencing is vacated, on the law; and it is further,
ORDERED that the judgment is affirmed.
The record demonstrates that the defendant knowingly, voluntarily,
and intelligently waived his right to appeal (see People v. Sanders, 25 N.Y.3d 337, 339–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; see generally People v. Brown, 122 A.D.3d 133, 145–146, 992 N.Y.S.2d 297 ). The defendant's valid waiver of his right to appeal precludes appellate review of his challenge to the County 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. King, 169 A.D.3d 1060, 1060, 92 N.Y.S.3d 895 ; People v. Jessamy, 137 A.D.3d 1056, 1056, 28 N.Y.S.3d 376 ).
The defendant's contentions concerning the validity...
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