PEOPLE v. MINCY (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Laura R. Johnson, J.), rendered November 10, 2022, convicting him of criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant was charged with, inter alia, criminal possession of a weapon in the third degree.  After those branches of his omnibus motion which were to suppress physical evidence and certain statements he made to law enforcement officials were denied, the defendant entered into a plea agreement pursuant to which he waived his right to appeal.

Contrary to the defendant's contention, the record demonstrates that he knowingly, intelligently, and voluntarily waived his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 559–560, 122 N.Y.S.3d 226, 144 N.E.3d 970;  People v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754;  People v. Rogers, 235 A.D.3d 781, 227 N.Y.S.3d 396;  People v. Odom, 222 A.D.3d 1001, 1002, 202 N.Y.S.3d 441).  With respect to the defendant's challenge to the denial of those branches of his omnibus motion which were to suppress physical evidence and certain statements he made to law enforcement officials, his “valid waiver of his right to appeal precludes appellate review of his challenge to the hearing court's suppression determination” (People v. Hightower–Castro, 219 A.D.3d 504, 505, 195 N.Y.S.3d 23 [internal quotation marks omitted];  see People v. Vidal, 233 A.D.3d 1055, 1055, 222 N.Y.S.3d 664;  People v. Barnes, 210 A.D.3d 792, 793, 178 N.Y.S.3d 164).

Accordingly, we affirm the judgment.

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