Summary
This is an uncorrected slip opinion from the New York Supreme Court, Appellate Division, Second Department, decided on January 8, 2025. The court affirmed the defendant's judgment of conviction for criminal possession of a controlled substance in the second degree following a guilty plea. The court held that the defendant's valid waiver of his right to appeal forecloses any appellate review of his prior motion to suppress evidence seized under a search warrant.
Topics
Practice areas
Questions Presented
- Whether the defendant's valid waiver of his right to appeal forecloses appellate review of the denial of his motion to controvert a search warrant and to suppress physical evidence seized in its execution.
Holdings
- The judgment is affirmed because the defendant's valid waiver of his right to appeal forecloses appellate review of the denial of his motion to controvert a search warrant and to suppress the seized evidence.
Key quotations
“The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal.”
“The defendant's valid waiver of his right to appeal forecloses appellate review of the denial of his motion to controvert a search warrant and to suppress physical evidence seized in the execution thereof.”
Factual background
The record shows that the defendant knowingly, voluntarily, and intelligently waived his right to appeal after pleading guilty to criminal possession of a controlled substance in the second degree.
Procedural history
The defendant appealed the conviction and sentence imposed by the Supreme Court, Nassau County. The appellate division considered whether the defendant’s waiver of his right to appeal barred review of a denied motion to controvert a search warrant and to suppress evidence.