People v. Jessamy
| Citation | 137 A.D.3d 1056,28 N.Y.S.3d 376 |
| Parties | The PEOPLE, etc., respondent, v. Turhan F. JESSAMY, appellant. |
| Decision Date | 16 March 2016 |
| Court | New York Supreme Court Appellate Division |
137 A.D.3d 1056
28 N.Y.S.3d 376
The PEOPLE, etc., respondent,
v.
Turhan F. JESSAMY, appellant.
Supreme Court, Appellate Division, Second Department, New York.
March 16, 2016.
Del Atwell, East Hampton, N.Y., for appellant.
James A. McCarty, Acting District Attorney, White Plains, N.Y. (Hae Jin Liu and Jennifer Spencer of counsel), for respondent.
REINALDO E. RIVERA, J.P., LEONARD B. AUSTIN, SANDRA L. SGROI, and BETSY BARROS, JJ.
Appeal by the defendant from a judgment of the County Court, Westchester County (Hubert, J.), rendered June 9, 2011, convicting him of reckless endangerment
in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal, in connection with his guilty plea (see People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222 ; People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). The defendant's valid waiver precludes 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. Hackett, 93 A.D.3d 807, 939 N.Y.S.2d 886 ; People v. Pena, 73 A.D.3d 1216, 900 N.Y.S.2d 913 ; People v. Johnson, 58 A.D.3d 868, 870 N.Y.S.2d 919 ).
The defendant claims that he was deprived of his right to be present at or to participate in the Sandoval hearing (see People v. Sandoval, 34 N.Y.2d 371, 357 N.Y.S.2d 849, 314 N.E.2d 413 ). The defendant forfeited that claim by his plea of guilty and valid waiver of the right to appeal (see People v. Henderson, 233 A.D.2d 253, 254, 650 N.Y.S.2d 640 ; see also People v. Drago, 50 A.D.3d 920, 855 N.Y.S.2d 252 ).
By validly waiving his right to appeal, the defendant forfeited the right to challenge the effectiveness of his trial counsel, except insofar as counsel's alleged deficiencies affected the...
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People v. Martinez, 2014–11443
...waived his right to appeal (see People v. Sanders, 25 N.Y.3d 337, 341–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Jessamy, 137 A.D.3d 1056, 1056, 28 N.Y.S.3d 376 ). The defendant's valid waiver of his right to appeal precludes appellate review of his challenge to the factual sufficiency......
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People v. King, 2016–13481
...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. 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 prec......
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People v. Hanniford
...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 of the order of protection issued over his objection at the ti......
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...not forfeit the right to raise this argument on appeal (see People v. Castillo , 161 A.D.3d 1099, 73 N.Y.S.3d 890 ; People v. Jessamy , 137 A.D.3d 1056, 1056–1057, 28 N.Y.S.3d 376 ). The defendant's contention that he was deprived of the effective assistance of counsel is based, in part, on......