People v. Kidd

Decision Date14 November 2012
Citation953 N.Y.S.2d 863,2012 N.Y. Slip Op. 07696,100 A.D.3d 779
PartiesThe PEOPLE, etc., respondent, v. Kenneth KIDD, appellant.
CourtNew York Supreme Court — Appellate Division

OPINION TEXT STARTS HERE

Steven Banks, New York, N.Y. (Svetlana M. Kornfeind of counsel), for appellant, and appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and John F. McGoldrick of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.), rendered February 6, 2009, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145;People v. Seaberg, 74 N.Y.2d 1, 11, 543 N.Y.S.2d 968, 541 N.E.2d 1022; cf. People v Pelaez, 100 A.D.3d 803, ––– N.Y.S.2d –––– [decided herewith] ). The defendant's valid waiver of his right to appeal forecloses appellate review of his challenge to the hearing court's suppression determination (see People v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754;People v. Holland, 44 A.D.3d 874, 843 N.Y.S.2d 457;People v. Brathwaite, 263 A.D.2d 89, 91, 703 N.Y.S.2d 191), and his statutory speedy trial claim (see People v. Holland, 44 A.D.3d at 874, 843 N.Y.S.2d 457). Further, the defendant's contentions in his pro se supplemental brief regarding an alleged Brady violation (see Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215) and his statutory speedy trial claim were forfeited by his plea of guilty (see People v. Perez, 51 A.D.3d 824, 856 N.Y.S.2d 862;People v. Philips, 30 A.D.3d 621, 817 N.Y.S.2d 373). The defendant's remaining contention in his pro se supplemental brief that his constitutional right to a speedy trial was violated is without merit.

ENG, P.J., SKELOS, DICKERSON and AUSTIN, JJ., concur.

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23 cases
  • People v. Gott, 2016–03003
    • United States
    • New York Supreme Court — Appellate Division
    • 31 October 2018
    ...her CPL 30.30 claim that she was denied a speedy trial (see People v. Grafton, 153 A.D.3d 933, 933, 60 N.Y.S.3d 436 ; People v. Kidd, 100 A.D.3d 779, 779, 953 N.Y.S.2d 863 ). A claim that the defendant was denied her constitutional right to a speedy trial would have survived entry of a plea......
  • People v. Leach
    • United States
    • New York Supreme Court — Appellate Division
    • 5 March 2014
    ...Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215;People v. Huggins, 105 A.D.3d 760, 761, 961 N.Y.S.2d 784;People v. Kidd, 100 A.D.3d 779, 953 N.Y.S.2d 863). ...
  • People v. Kelly
    • United States
    • New York Supreme Court — Appellate Division
    • 21 September 2022
    ...445, affd 26 N.Y.3d 1154, 28 N.Y.S.3d 355, 48 N.E.3d 497 ; People v. Huggins, 105 A.D.3d 760, 761, 961 N.Y.S.2d 784 ; People v. Kidd, 100 A.D.3d 779, 779, 953 N.Y.S.2d 863 ; People v. Philips, 30 A.D.3d 621, 621–622, 817 N.Y.S.2d 373 ; People v. Knickerbocker, 230 A.D.2d 753, 753–754, 646 N......
  • People v. Price
    • United States
    • New York Supreme Court — Appellate Division
    • 24 May 2017
    ...is precluded by his valid waiver of the right to appeal (see People v. Zeigler, 128 A.D.3d 737, 738, 7 N.Y.S.3d 600 ; People v. Kidd, 100 A.D.3d 779, 779, 953 N.Y.S.2d 863 ; People v. Holland, 44 A.D.3d 874, 874, 843 N.Y.S.2d 457 ). Moreover, by pleading guilty, the defendant forfeited his ......
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