PEOPLE v. DICKERSON (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Robert A. Schwartz, J.), rendered December 7, 2018, convicting him of criminal possession of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently 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;  People v. Payne, 209 A.D.3d 1041, 177 N.Y.S.3d 333;  People v. Rodriguez, 194 A.D.3d 853, 143 N.Y.S.3d 611).  The defendant's valid waiver of his right to appeal forecloses appellate review of the denial of his motion to controvert a search warrant and to suppress physical evidence seized in the execution thereof (see People v. Payne, 209 A.D.3d at 1042, 177 N.Y.S.3d 333;  People v. Scott, 161 A.D.3d 901, 73 N.Y.S.3d 444).

DUFFY, J.P., CHRISTOPHER, WARHIT and TAYLOR, JJ., concur.