Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

People v. Russell

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT


March 3, 2009

THE PEOPLE, ETC., RESPONDENT,
v.
TSANI RUSSELL, APPELLANT.

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Jaeger, J.), rendered July 25, 2007, convicting him of attempted criminal possession of stolen property in the third degree and criminal mischief in the fourth degree, upon his plea of guilty, and imposing sentence.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

WILLIAM F. MASTRO, J.P., RUTH C. BALKIN, THOMAS A. DICKERSON and ARIEL E. BELEN, JJ.

(Ind. No. 2384/06)

DECISION & ORDER

ORDERED that the judgment is affirmed.

Where a defendant voluntarily, knowingly, and intelligently waives his right to appeal as part of a bargained-for plea agreement, the waiver will be upheld completely by the courts (see People v Ramos, 7 NY3d 737, 738; People v Kemp, 94 NY2d 831, 833; People v Johnson, 58 AD3d 868). Accordingly, the defendant's valid and comprehensive waiver of his right to appeal forecloses appellate review of his contentions regarding the suppression determination (see People v Kemp, 94 NY2d at 833; People v Cardona, 51 AD3d 941; People v Castillo, 49 AD3d 777). The defendant's contentions regarding the factual sufficiency of his plea allocution are unpreserved for appellate review since the defendant failed to move to withdraw his plea on those grounds (see People v Lopez, 71 NY2d 662, 665-666).

The defendant's remaining contentions are without merit.

MASTRO, J.P., BALKIN, DICKERSON and BELEN, JJ., concur.

20090303

© 1992-2009 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.