People v. Smith

• Decision Date: 19 December 2006
• Docket Number: 2005-06924.
• Citation: 2006 NY Slip Op 09656,35 A.D.3d 769,824 N.Y.S.2d 912
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SELWORTH SMITH, Appellant.
• Court: New York Supreme Court — Appellate Division

35 A.D.3d 769

824 N.Y.S.2d 912

2006 NY Slip Op 09656

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SELWORTH SMITH, Appellant.

2005-06924.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 19, 2006.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (McGann, J.), rendered June 21, 2005, convicting him of criminal possession of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant validly waived his right to appeal (see People v Ramos, 7 NY3d 737, 738 [2006]; People v Ciatto, 290 AD2d 560, 560-562 [2002]). His plea of guilty and waiver foreclose appellate review of his challenge to the denial of that branch of his motion which was to suppress physical evidence (see People v Wager, 34 AD3d 505 [2006]).

Miller, J.P., Crane, Lifson and Dillon, JJ., concur.