PEOPLE v. FULLER (2023)

Judgment, Supreme Court, New York County (Thomas Farber, J. at suppression hearing;  Ellen N. Biben, J. at plea and sentencing), rendered February 20, 2018, as amended April 16, 2018, convicting defendant of burglary in the third degree, and sentencing him, as a second felony offender, to a term of 21/212 to 5 years, unanimously affirmed.

Defendant made a valid waiver of his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied 589 U.S. ––––, 140 S.Ct. 2634, 206 L.Ed.2d 512 [2020]), foreclosing review of his suppression claim.  Regardless of whether defendant validly waived his right to appeal, his argument that his handcuffing at the university's security office constituted an unlawful arrest is unpreserved, and we decline to address it in the interest of justice.  As an alternative holding, we find that even if defendant was handcuffed by a peace officer or other state actor without probable cause, his statements to a detective at the precinct, and later to an assistant district attorney, were sufficiently attenuated from any potential illegal detention (see People v. Bradford, 15 N.Y.3d 329, 333, 910 N.Y.S.2d 771, 937 N.E.2d 528 [2010]).

Defendant's valid waiver of the right to appeal also forecloses review of the claim raised in his supplemental pro se brief.  In any event, defendant forfeited his right to challenge the sufficiency of the evidence before the grand jury by pleading guilty (see People v. Guerrero, 28 N.Y.3d 110, 116, 42 N.Y.S.3d 80, 65 N.E.3d 51 [2016];  People v. Hansen, 95 N.Y.2d 227, 233, 715 N.Y.S.2d 369, 738 N.E.2d 773 [2000]).