PEOPLE v. CHERISTIN (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Dineen Riviezzo, J.), rendered October 20, 2022, convicting him of attempted criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the record demonstrates that he 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. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145).  The defendant's valid waiver of his right to appeal precludes appellate review of his challenge to the Supreme Court's denial of that branch of his omnibus motion which was to suppress physical evidence (see People v. Hightower–Castro, 219 A.D.3d 504, 505, 195 N.Y.S.3d 23;  People v. Camacho, 179 A.D.3d 831, 831–832, 113 N.Y.S.3d 883;  People v. Kornegay, 60 A.D.3d 696, 696, 874 N.Y.S.2d 548).

BARROS, J.P., CHAMBERS, WARHIT and GOLIA, JJ., concur.