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People v. Dias

Supreme Court of New York, Second Department

March 12, 2014

The People of the State of New York, respondent,
v.
Lloyd Dias, appellant. Ind. No. 1672/11

Lynn W. L. Fahey, New York, N.Y. (Alan Schindler, Sheryn Alexander, Kevin Adam, Jeffrey Oelke, and Louis O'Neill of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Nancy Fitzpatrick Talcott of counsel), for respondent.

RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, PLUMMER E. LOTT, SYLVIA O. HINDS-RADIX, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Knopf, J.), rendered March 8, 2012, convicting him of criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's knowing, voluntary, and intelligent waiver of his right to appeal precludes review of his claim that the court erred by denying his motion to suppress the gun and his statements to law enforcement officials (see People v Lopez, 6 N.Y.3d 248, 257; People v Seaberg, 74 N.Y.2d 1, 11; People v Smith, 142 A.D.2d 195, 201, affd sub nom. People v Seaberg, 74 N.Y.2d 1). The defendant raises no argument on this appeal that would warrant our declining to enforce his appeal waiver (see People v Seaberg, 74 N.Y.2d at 11).

BALKIN, J.P., CHAMBERS, LOTT and HINDS-RADIX, JJ., concur.


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