People v. Joubert
Decision Date | 09 February 2018 |
Docket Number | KA 15–00424,200 |
Citation | 68 N.Y.S.3d 375 (Mem) |
Parties | The PEOPLE of the State of New York, Respondent, v. Jose L. JOUBERT, Defendant–Appellant. |
Court | New York Supreme Court — Appellate Division |
158 A.D.3d 1314
68 N.Y.S.3d 375 (Mem)
The PEOPLE of the State of New York, Respondent,
v.
Jose L. JOUBERT, Defendant–Appellant.
200
KA 15–00424
Supreme Court, Appellate Division, Fourth Department, New York.
February 9, 2018
TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (JANET C. SOMES OF COUNSEL), FOR DEFENDANT–APPELLANT.
SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (JOSEPH R. PLUKAS OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., CENTRA, CARNI, NEMOYER, AND CURRAN, JJ.
MEMORANDUM AND ORDER
Memorandum:
Defendant appeals from a judgment convicting him upon a plea of guilty of criminal possession of a weapon in the second degree ( Penal Law § 265.03[3] ). Contrary to defendant's contention, the waiver of the right to appeal was knowingly, intelligently, and voluntarily entered (see People v. Goodwin, 147 A.D.3d 1352, 1352, 46 N.Y.S.3d 448 [4th Dept. 2017], lv denied
29 N.Y.3d 1032, 62 N.Y.S.3d 301, 84 N.E.3d 973 [2017]; see generally People v. Sanders, 25 N.Y.3d 337, 340–341, 12 N.Y.S.3d 593, 34 N.E.3d 344 [2015] ). County Court ensured that defendant understood that "the right to appeal is separate and distinct from those rights automatically forfeited upon a plea of guilty" ( People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ; see People v. Brand, 112 A.D.3d 1320, 1321, 976 N.Y.S.2d 906 [4th Dept. 2013], lv denied 23 N.Y.3d 961, 988 N.Y.S.2d 568, 11 N.E.3d 718 [2014] ). Contrary to defendant's contention, the court was not required to advise defendant that the waiver of the right to appeal encompassed the court's suppression ruling (see Brand, 112 A.D.3d at 1321, 976 N.Y.S.2d 906 ; see generally People v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754 [1999] ), and his challenge to the adverse suppression ruling is foreclosed by the valid waiver of the right to appeal (see Kemp, 94 N.Y.2d at 833, 703 N.Y.S.2d 59, 724 N.E.2d 754 ; People v. Carter, 147 A.D.3d 1540, 1540, 46 N.Y.S.3d 812 [4th Dept. 2017], lv denied 29 N.Y.3d 1030, 62 N.Y.S.3d 299,...
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