People v. Ramsey

Decision Date02 April 2014
Citation2014 N.Y. Slip Op. 02318,116 A.D.3d 717,983 N.Y.S.2d 103
PartiesThe PEOPLE, etc., respondent, v. Kalik RAMSEY, appellant.
CourtNew York Supreme Court — Appellate Division

116 A.D.3d 717
983 N.Y.S.2d 103
2014 N.Y. Slip Op. 02318

The PEOPLE, etc., respondent,
v.
Kalik RAMSEY, appellant.

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

April 2, 2014.



Lynn W.L. Fahey, New York, N.Y. (Janet Claire Lê of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Nancy Fitzpatrick Talcott of counsel), for respondent.


RUTH C. BALKIN, J.P., PLUMMER E. LOTT, LEONARD B. AUSTIN, and ROBERT J. MILLER, JJ.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hollie, J.), rendered November 18, 2011, convicting him of criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The Supreme Court told the defendant that, as a condition of his plea agreement, he was required to waive his right to appeal. Contrary to the defendant's contention, the court did not tell him that an appeal waiver was a mandatory part of every guilty plea, and nothing in the court's colloquy could be interpreted so broadly. Moreover, the court expressly told the defendant that the appeal waiver encompassed any hearings that had already been held in the case. Therefore, the defendant's challenges to the validity and scope of his waiver of the right to appeal are without merit ( see People v. Seaberg, 74 N.Y.2d 1, 11, 543 N.Y.S.2d 968, 541 N.E.2d 1022;cf. People v. Muniz, 91 N.Y.2d 570, 573, 673 N.Y.S.2d 358, 696 N.E.2d 182). Further, the defendant has not drawn our attention to any other circumstance which might otherwise warrant our declining to enforce the appeal waiver. Accordingly, appellate review of the defendant's contentions relating to a suppression ruling is precluded ( see People v. Montane, 110 A.D.3d 1101, 1101, 974 N.Y.S.2d 257,lv. denied22 N.Y.3d 1089, 981 N.Y.S.2d 675;People v. Holman, 33 A.D.3d 815, 815, 826 N.Y.S.2d 287;People v. Sloane, 13 A.D.3d 400, 400, 785 N.Y.S.2d 538).

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3 cases
  • People v. Humbach
    • United States
    • New York Supreme Court — Appellate Division
    • August 9, 2017
    ...Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Brown, 122 A.D.3d 133, 142, 992 N.Y.S.2d 297 ; People v. Ramsey, 116 A.D.3d 717, 717, 983 N.Y.S.2d 103 ).The defendant's waiver of her right to appeal does not foreclose review of her contention that the County Court fa......
  • People v. Rivera
    • United States
    • New York Supreme Court — Appellate Division
    • April 2, 2014
    ...116 A.D.3d 717983 N.Y.S.2d 892014 N.Y. Slip Op. 02319The PEOPLE, etc., respondent,v.Luis RIVERA, appellant.Supreme Court, Appellate Division, Second Department, New York.April 2, 2014. Lynn W.L. Fahey, New York, N.Y. (Denise A. Corsí of counsel), for appellant.Richard A. Brown, District Att......
  • People v. Ramsey
    • United States
    • New York Court of Appeals Court of Appeals
    • June 25, 2014

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