People v. Jones

• Citation: 127 N.Y.S.3d 325 (Mem),186 A.D.3d 856
• Decision Date: 26 August 2020
• Docket Number: Ind.No. 17–00446,2018–02877
• Parties: The PEOPLE, etc., Respondent, v. Duan L. JONES, Appellant.
• Court: New York Supreme Court — Appellate Division

186 A.D.3d 856

127 N.Y.S.3d 325 (Mem)

The PEOPLE, etc., Respondent,

v.Duan L. JONES, Appellant.

2018–02877

Ind.No. 17–00446

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

Submitted—February 7, 2020

August 26, 2020

Walter J. Storey, Goshen, NY, for appellant.

David M. Hoovler, District Attorney, Goshen, N.Y. (William C. Ghee of counsel), for respondent.

WILLIAM F. MASTRO, J.P., CHERYL E. CHAMBERS, ANGELA G. IANNACCI, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Orange County (Craig Stephen Brown, J.), rendered January 30, 2018, convicting him of criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Sanders, 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Ramos, 7 N.Y.3d 737, 819 N.Y.S.2d 853, 853 N.E.2d 222 ; People v. Batista, 167 A.D.3d 69, 73, 86 N.Y.S.3d 492 ). The defendant's valid waiver of his right to appeal precludes appellate review of his challenge to the hearing court's suppression determination (see People v. Moore, 140 A.D.3d 1091, 34 N.Y.S.3d 147 ; People v. Walsh, 136 A.D.3d 629, 23 N.Y.S.3d 904 ), as well as his contention that his sentence was excessive (see People v. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Thomas, 150 A.D.3d 770, 53 N.Y.S.3d 195 ).

MASTRO, J.P., CHAMBERS, IANNACCI and CHRISTOPHER, JJ., concur.