People v. Johnson
Decision Date | 27 January 2009 |
Docket Number | 2007-05165. |
Citation | 870 N.Y.S.2d 919,58 A.D.3d 868,2009 NY Slip Op 00557 |
Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES JOHNSON, Appellant. |
Court | New York Supreme Court — Appellate Division |
Ordered that the judgment is affirmed.
The defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Ramos, 7 NY3d 737, 738 [2006]; People v Lopez, 6 NY3d 248, 256 [2006]; People v Seaberg, 74 NY2d 1, 11 [1989]). The defendant's valid waiver of his right to appeal forecloses appellate review of his challenge to the Supreme Court's denial of that branch of his omnibus motion which was to suppress physical evidence (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Cardona, 51 AD3d 941 [2008]; People v Castillo, 49 AD3d 777 [2008]; People v DeAngelo, 40 AD3d 656 [2007]).
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