People v. Oseni

Decision Date12 June 2013
Citation107 A.D.3d 829,2013 N.Y. Slip Op. 04361,966 N.Y.S.2d 677
PartiesThe PEOPLE, etc., respondent, v. Kayode OSENI, appellant.
CourtNew York Supreme Court — Appellate Division

107 A.D.3d 829
966 N.Y.S.2d 677
2013 N.Y. Slip Op. 04361

The PEOPLE, etc., respondent,
v.
Kayode OSENI, appellant.

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

June 12, 2013.


Mark Diamond, New York, N.Y., for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Raffaelina Gianfrancesco, Laurie G. Sapakoff, and Richard Longworth Hecht of counsel), for respondent.


Appeal by the defendant from a judgment of the County Court, Westchester County (Holdman, J.), rendered June 18, 2010, convicting him of robbery in the first 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. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222;People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145). The defendant's valid waiver precludes 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. Hackett, 93 A.D.3d 807, 807, 939 N.Y.S.2d 886;People v. Pena, 73 A.D.3d 1216, 1216, 900 N.Y.S.2d 913;People v. Johnson, 58 A.D.3d 868, 868, 870 N.Y.S.2d 919).

The defendant's contention that his plea of guilty was not knowingly, voluntarily, and intelligently entered is unpreserved for appellate review ( seeCPL 220.60[3]; 470.05[2]; *678People v. Toxey, 86 N.Y.2d 725, 726, 631 N.Y.S.2d 119, 655 N.E.2d 160;People v. Lopez, 71 N.Y.2d 662, 665, 529 N.Y.S.2d 465, 525 N.E.2d 5;People v. McKenzie, 98 A.D.3d 749, 750, 950 N.Y.S.2d 177). Moreover, the rare exception to the preservation requirement is inapplicable ( see People v. Lopez, 71 N.Y.2d at 666, 529 N.Y.S.2d 465, 525 N.E.2d 5;People v. Devodier, 102 A.D.3d 884, 958 N.Y.S.2d 220). In any event, the contention is without merit.

RIVERA, J.P., LEVENTHAL, SGROI and COHEN, JJ., concur.

To continue reading

Request your trial
9 cases
  • Persaud v. Kirkpatrick
    • United States
    • U.S. District Court — Eastern District of New York
    • 1 Julio 2019
    ...and voluntary waiver of his right to appeal precluded his challenge to the lower court's suppression ruling); People v. Oseni, 107 A.D.3d 829, 966 N.Y.S.2d 677 (2d Dep't 2013) (finding defendant's valid appeal waiver precluded appellate review of his challenge to the trial court's suppressi......
  • People v. Shaulov
    • United States
    • New York Supreme Court — Appellate Division
    • 12 Junio 2013
  • People v. Todd Newman
    • United States
    • New York Supreme Court — Appellate Division
    • 12 Junio 2013
  • People v. Persaud
    • United States
    • New York Supreme Court — Appellate Division
    • 11 Junio 2014
    ...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. Oseni, 107 A.D.3d 829, 829, 966 N.Y.S.2d 677;People v. Hackett, 93 A.D.3d 807, 807, 939 N.Y.S.2d 886), and his claim that the sentence imposed was excessive ( see Pe......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT