Summary
This Appellate Division, First Department decision affirms the defendant's conviction for attempted criminal possession of a weapon in the second degree following a guilty plea. The court held that the defendant's waiver of his right to appeal was valid under the totality of the circumstances, thereby foreclosing appellate review of his claims. Additionally, the court found sufficient probable cause for the search warrant and proper grounds for redacting confidential informant information, affirming the trial court's denial of a Dunaway hearing.
Topics
Practice areas
Questions Presented
- Whether the defendant's waiver of his right to appeal was valid under the totality of the circumstances.
- Whether probable cause existed to issue the search warrant at issue.
- Whether the denial of a Dunaway hearing was proper.
Holdings
- The waiver was valid, thereby foreclosing appellate review of the defendant's claims.
- Probable cause existed; the warrant was valid.
- The denial was proper because the defendant had access to the felony complaint and voluntary disclosure form and failed to address the People's factual assertions.
Key quotations
“Upon our in camera review of the search warrant materials, including the search warrant application, the police officer's supporting affidavit, and the testimony of both the officer and the confidential informant before the warrant‑issuing court, we find that there was probable cause to issue the warrant.”
Factual background
Ashanti Holmes pleaded guilty to attempted criminal possession of a weapon in the second degree and was sentenced to two years. He has six prior felony convictions, all resulting from guilty pleas. He executed a written waiver of his right to appeal, which the trial court found valid after a totality‑of‑the‑circumstances analysis.
Procedural history
The Bronx County Supreme Court entered a judgment on June 19, 2019, convicting the defendant after a guilty plea. The defendant executed a written waiver of his right to appeal, which the trial court affirmed as valid. The Appellate Division reviewed the waiver and other issues on the record.