People v. Kemp

CourtNew York Court of Appeals
Citation724 N.E.2d 754,703 N.Y.S.2d 59,94 N.Y.2d 831
Decision Date02 December 1999
PartiesTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MELVIN KEMP, Appellant.

94 N.Y.2d 831
724 N.E.2d 754
703 N.Y.S.2d 59

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
MELVIN KEMP, Appellant

Court of Appeals of the State of New York.

Argued October 19, 1999.

Decided December 2, 1999.


94 N.Y.2d 832
Paul Wiener, New York City, and M. Sue Wycoff for appellant

Robert M. Morgenthau, District Attorney of New York County, New York City (Mathew Kleiner and Tami J. Aisenson of counsel), for respondent.

94 N.Y.2d 834
Before: Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The day after denial of his motion to suppress physical evidence, defendant pleaded guilty to attempted criminal sale of a controlled substance in the third degree (Penal Law §§ 110.00, 220.39 [1]). As a condition to the People's agreement to the plea and the court's acceptance of it, and in exchange for a promised sentence of four to eight years imprisonment, defendant waived his right to appeal the conviction and sentence. He allocuted accordingly at his plea before the court. Nevertheless, defendant appealed, challenging the denial of suppression of evidence. Declining to address the merits of defendant's assertions,

94 N.Y.2d 833
a unanimous Appellate Division affirmed, holding that defendant's waiver of his right to appeal encompassed his effort to have the suppression ruling reviewed

At issue is whether a defendant's general waiver of the right to appeal, as part of a negotiated plea agreement, encompasses an attempted appeal concerning an adverse suppression ruling, notwithstanding the statutory provision authorizing an appeal of such ruling following entry of a guilty plea (CPL 710.70 [2]). We hold that, in this case, defendant's waiver of his right to appeal encompassed the suppression ruling.

A defendant may waive the right to appeal as part of a bargained-for plea agreement (see, People v Hidalgo, 91 NY2d 733; People v Muniz, 91 NY2d 570). "[W]here the plea allocution demonstrates a knowing, voluntary and intelligent waiver of the right to appeal, intended comprehensively to cover all aspects of the case, and no constitutional or statutory mandate or public policy concern prohibits its acceptance, the waiver will be upheld completely" (People v Muniz, 91 NY2d, supra, at 575). Moreover, "trial courts are not required to engage in any particular litany during an allocution in order to obtain a valid...

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232 practice notes
  • People v. Thomas, No. 87, No. 88, No. 89
    • United States
    • New York Court of Appeals
    • 26 Noviembre 2019
    ...appeal waiver and therefore did not cover the CPL 710.70 right to review a suppression ruling. We disagree. In People v. Kemp , 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754 (1999), we held that the defendant's waiver of the right to appeal, entered one day after denial of his suppres......
  • People v. Kates, 638
    • United States
    • New York Supreme Court Appellate Division
    • 15 Junio 2018
    ...Court's adverse suppression ruling (see People v. Sanders, 25 N.Y.3d 337, 342, 12 N.Y.S.3d 593, 34 N.E.3d 344 [2015] ; People v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754 [1999] ). Defendant further contends in his pro se supplemental brief that he was arrested without proba......
  • Karlsen v. Kilpatrick, 17-CV-6386L
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Western District of New York
    • 14 Mayo 2019
    ...to appeal suppression rulings." Grimes v. Lempke , No. 10-cv-68, 2014 1028863, at *6 (N.D.N.Y. Mar. 14, 2014) (citing People v. Kemp , 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754 (N.Y. Ct. App. 1999) ). "Therefore, under New York law, if a plea agreement provides for a waiver of the......
  • People v. Corbin
    • United States
    • New York Supreme Court Appellate Division
    • 8 Octubre 2014
    ...v. Callahan, 80 N.Y.2d 273, 280, 590 N.Y.S.2d 46, 604 N.E.2d 108), including the challenged suppression ruling ( see People v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754). Additionally, the Supreme Court did not merely rely on the defendant's execution of the printed waiver f......
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232 cases
  • People v. Thomas, No. 87, No. 88, No. 89
    • United States
    • New York Court of Appeals
    • 26 Noviembre 2019
    ...appeal waiver and therefore did not cover the CPL 710.70 right to review a suppression ruling. We disagree. In People v. Kemp , 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754 (1999), we held that the defendant's waiver of the right to appeal, entered one day after denial of his suppres......
  • People v. Kates, 638
    • United States
    • New York Supreme Court Appellate Division
    • 15 Junio 2018
    ...Court's adverse suppression ruling (see People v. Sanders, 25 N.Y.3d 337, 342, 12 N.Y.S.3d 593, 34 N.E.3d 344 [2015] ; People v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754 [1999] ). Defendant further contends in his pro se supplemental brief that he was arrested without proba......
  • Karlsen v. Kilpatrick, 17-CV-6386L
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Western District of New York
    • 14 Mayo 2019
    ...to appeal suppression rulings." Grimes v. Lempke , No. 10-cv-68, 2014 1028863, at *6 (N.D.N.Y. Mar. 14, 2014) (citing People v. Kemp , 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754 (N.Y. Ct. App. 1999) ). "Therefore, under New York law, if a plea agreement provides for a waiver of the......
  • People v. Corbin
    • United States
    • New York Supreme Court Appellate Division
    • 8 Octubre 2014
    ...v. Callahan, 80 N.Y.2d 273, 280, 590 N.Y.S.2d 46, 604 N.E.2d 108), including the challenged suppression ruling ( see People v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754). Additionally, the Supreme Court did not merely rely on the defendant's execution of the printed waiver f......
  • Request a trial to view additional results

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