Summary
The New York Appellate Division, Second Department, affirmed Demar Lewin’s conviction for robbery in the second degree following his guilty plea. The court held that his valid waiver of the right to appeal barred review of his suppression claim, while his challenge to the voluntariness of the plea survived but lacked merit; another contention was unpreserved.
Court
Appellate Division of the Supreme Court of the State of New York, Second Judicial Department
Jurisdiction
New York Appellate Division, Second Department
Decision date
December 3, 2025
Docket number
2024-05798
Disposition
affirmed
Questions Presented
- Whether defendant's valid waiver of the right to appeal precluded appellate review of the denial of his motion to suppress identification testimony.
- Whether defendant's challenge to the knowing, voluntary, and intelligent nature of his guilty plea survived the waiver of the right to appeal and was established by the record.
- Whether defendant's remaining appellate contention was preserved for review.
Holdings
- A knowing, voluntary, and intelligent waiver of the right to appeal precluded appellate review of defendant's contention that the County Court erred in denying his motion to suppress identification testimony.
- A challenge asserting that a guilty plea was not knowing, voluntary, or intelligent survives a valid waiver of the right to appeal, but defendant's plea was valid because the record as a whole and the circumstances surrounding its entry demonstrated that it was knowingly, voluntarily, and intelligently made.
- Defendant's remaining contention was not preserved for appellate review.
Court Document
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