People v. Kelly, 2

• Decision Date: 03 December 2001
• Docket Number: 99-01710,2
• Parties: THE PEOPLE, ETC., RESPONDENT, v. LAWRENCE KELLY, APPELLANT. (IND. NO. 10055/98) 1999-01710 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT Submitted -
• Court: New York Supreme Court Appellate Division

THE PEOPLE, ETC., RESPONDENT,

v.

LAWRENCE KELLY, APPELLANT.

(IND. NO. 10055/98)

1999-01710

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

Submitted - November 8, 2001

December 3, 2001

Andrew C. Fine, New York, N.Y. (Adrienne M. Gantt of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Noreen Healey, and Lourdes M. Ventura of counsel), for respondent.

DECISION & ORDER

William D. Friedmann, J.P.

Nancy E. Smith

Thomas A. Adams

Barry A. Cozier, JJ.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (McDonald, J.), rendered January 26, 1999, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant entered into a plea agreement pursuant to which he knowingly, intelligently, and voluntarily waived his right to appeal his conviction and withdrew all motions. Accordingly, the plea agreement effectively foreclosed appellate review of his claim regarding the suppression of physical evidence (see, People v. Hidalgo, 91 N.Y.2d 733; People v. Allen, 82 N.Y.2d 761; People v. Callahan, 80 N.Y.2d 273; People v. Seaberg, 74 N.Y.2d 1, 10; People v. Scott, 286 A.D.2d 352; People v. Celardo, 198 A.D.2d 428; People v. Fields, 196 A.D.2d 550).

FRIEDMANN, J.P., SMITH, ADAMS and COZIER, JJ., concur.