People v. Walsh

• Decision Date: 03 February 2016
• Citation: 136 A.D.3d 629,23 N.Y.S.3d 904 (Mem)
• Parties: The PEOPLE, etc., respondent, v. Michael WALSH, appellant.
• Court: New York Supreme Court — Appellate Division

136 A.D.3d 629

23 N.Y.S.3d 904 (Mem)

The PEOPLE, etc., respondent,

v.Michael WALSH, appellant.

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

Feb. 3, 2016.

Robert C. Mitchell, Riverhead, N.Y. (Felice B. Milani of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Karla Lato of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Efman, J.), rendered February 6, 2014, convicting him of robbery in the second degree (two counts), criminal possession of a weapon in the third degree (two counts), and menacing in the second degree (four counts), upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, his waiver of his right to appeal was valid (see People v. Bradshaw, 18 N.Y.3d 257, 264–267, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; 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, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Alleyne, 127 A.D.3d 776, 4 N.Y.S.3d 548 ; People v. McRae, 123 A.D.3d 848, 996 N.Y.S.2d 531 ; People v. Brown, 122 A.D.3d 133, 992 N.Y.S.2d 297 ; People v. Barnes, 118 A.D.3d 904, 987 N.Y.S.2d 243 ). Review of the defendant's challenge to the suppression ruling is precluded by his valid waiver of his right to appeal (see People v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754 ; People v. Jones, 131 A.D.3d 707, 707–708, 15 N.Y.S.3d 697 ; People v. Ward, 126 A.D.3d 730, 5 N.Y.S.3d 468 ).

MASTRO, J.P., HALL, MALTESE and LaSALLE, JJ., concur.