PEOPLE v. MCCREARY (2025)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Daniel MCCREARY, Defendant–Appellant.

4011

Decided: April 01, 2025

Manzanet–Daniels, J.P., González, Shulman, Rodriguez, Pitt–Burke, JJ.

Twyla Carter, The Legal Aid Society, New York (B. Anthony Bauth of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Addison Eisley of counsel), for respondent.

Judgment, Supreme Court, New York County (Thomas Farber, J.), rendered April 21, 2022, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him to a term of two years, unanimously affirmed.

Defendant validly waived 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]) in a colloquy that went beyond what is required to ensure a voluntary, knowing, and intelligent waiver. Thus, defendant's challenges to the suppression ruling are foreclosed.

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