People v. Tanner

169 A.D.3d 1068

92 N.Y.S.3d 906 (Mem)

The PEOPLE, etc., Respondent,

v.George TANNER, Appellant.

2015–06807

Ind. No. 6550/13

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

Argued—October 26, 2018

February 27, 2019

Paul Skip Laisure, New York, N.Y. (Patricia Pazner of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Sholom J. Twersky of counsel; Kyle Knox on the brief), for respondent.

LEONARD B. AUSTIN, J.P., JOSEPH J. MALTESE, FRANCESCA E. CONNOLLY, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Suzanne M. Mondo, J.) rendered June 30, 2015, convicting him of criminal possession of marihuana in the first degree and criminal possession of a weapon in the third degree (three counts), 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. Fortier, 130 A.D.3d 642, 642, 12 N.Y.S.3d 283 ). The defendant's valid waiver of his right to appeal precludes appellate review of the denial of that branch of his omnibus motion which was to controvert a search warrant and suppress certain physical evidence seized in the execution thereof (see People v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754 ; People v. Turner, 160 A.D.3d 993, 72 N.Y.S.3d 460 ; People v. Corbin, 121 A.D.3d 803, 993 N.Y.S.2d 746 ), and his contention that the sentence imposed was excessive (see People v. Sanders, 25 N.Y.3d 337, 34 N.E.3d 344 12 N.Y.S.3d 593 ; People v. Hidalgo, 91 N.Y.2d 733, 675 N.Y.S.2d 327, 698 N.E.2d 46 ).

AUSTIN, J.P., MALTESE, CONNOLLY and CHRISTOPHER, JJ., concur.