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People v. Ellis

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


January 12, 2010

THE PEOPLE, ETC., RESPONDENT,
v.
SHAMAH ELLIS, APPELLANT.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mangano, Jr., J.), rendered May 7, 2007, convicting him of attempted assault in the first degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress identification testimony.

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.

JOSEPH COVELLO, J.P., DANIEL D. ANGIOLILLO, RUTH C. BALKIN and SANDRA L. SGROI, JJ.

(Ind. No. 634/06)

DECISION & ORDER

ORDERED that the judgment is affirmed.

The record establishes that the defendant executed a written waiver of his right to appeal and that such waiver was knowingly, intelligently, and voluntarily made (see People v Ramos, 7 NY3d 737; People v Love, 67 AD3d 709; People v Taylor, 17 AD3d 491). The valid waiver of appeal forecloses appellate review of the defendant's claim regarding that branch of his omnibus motion which was to suppress identification testimony (see People v Kemp, 94 NY2d 831, 833; People v Eimers, 63 AD3d 1177, 1178; People v Stanback, 61 AD3d 785; People v Russell, 60 AD3d 706). Contrary to the defendant's contention, he was not sentenced as a predicate violent felony offender. In any event, his claim in that regard is foreclosed by his valid waiver of the right to appeal (see People v Campbell, 38 AD3d 677, 678).

COVELLO, J.P., ANGIOLILLO, BALKIN and SGROI, JJ., concur.

20100112

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