Summary
This Appellate Division, Second Department decision affirms the defendant’s conviction for attempted criminal possession of a weapon in the second degree following a guilty plea. The court addresses the defendant’s challenge to a suppression determination but finds that he knowingly, voluntarily, and intelligently waived his right to appeal. Consequently, the waiver precludes further appellate review of the suppression issue. The judgment is affirmed.
Topics
Practice areas
Questions Presented
- Whether the defendant's waiver of his right to appeal was valid and therefore precludes appellate review of his challenge to the Supreme Court's suppression determination.
Holdings
- The defendant's valid waiver of his right to appeal precludes appellate review of his challenge to the Supreme Court's suppression determination.
Key quotations
“The defendant's valid waiver of his right to appeal precludes appellate review of his challenge to the Supreme Court's suppression determination.” (at 1)
Factual background
Rahshon Leach pleaded guilty to attempted criminal possession of a weapon in the second degree and was sentenced by the Supreme Court, Queens County. He knowingly, voluntarily, and intelligently waived his right to appeal. He later contested the trial court's suppression ruling, asserting that the waiver should not bar appellate review.
Procedural history
The defendant pleaded guilty, was sentenced, and waived his right to appeal; he challenged the trial court's suppression determination, prompting this appellate review.