Summary
This Appellate Division, Second Department decision affirms the defendant's conviction for attempted assault in the first degree following a guilty plea. The court addresses several appellate challenges, concluding that the defendant's objections to the validity of his plea and a Sandoval ruling were unpreserved or foreclosed by his guilty plea. Additionally, the court finds that the defendant validly waived his right to appeal, thereby precluding review of his suppression challenge.
Topics
Practice areas
Questions Presented
- Whether the defendant's challenge to the validity of his guilty plea is preserved for appellate review.
- Whether the defendant validly waived his right to appeal.
- Whether the suppression determination is reviewable given the waiver and withdrawal of motions.
Holdings
- The challenge is unpreserved for appellate review.
- The defendant validly waived his right to appeal.
- Appellate review of the suppression determination is precluded by the valid waiver and the condition of the plea.
Key quotations
“The defendant's challenge to the validity of his plea of guilty is unpreserved for appellate review (see People v. Bellamy, 235 AD3d 994, 994; People v. Myke, 232 AD3d 913).” (994)
“Appellate review of the defendant's challenge to the County Court's suppression determination is precluded by his valid appeal waiver (see People v. Hightower-Castro, 219 AD3d 504, 505) and was waived by the defendant withdrawing his motions as a condition of his plea of guilty (see People v. Cabot, 210 AD3d 902).” (505)
Factual background
Perry Foy pleaded guilty to attempted assault in the first degree in Westchester County Court, was sentenced, and subsequently appealed asserting that his plea was not valid, that he had not knowingly waived his right to appeal, and that the trial court's suppression ruling should be reviewed.
Procedural history
Defendant pleaded guilty to attempted assault in the first degree; County Court sentenced; appellant appealed challenging the validity of his guilty plea, his waiver of the right to appeal, and the suppression determination.