PEOPLE v. SWEAT (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dineen Riviezzo, J.), rendered January 17, 2023, convicting him of criminal possession of a firearm, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Under the totality of the circumstances, 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. Velazquez, 235 A.D.3d 664, 665, 226 N.Y.S.3d 336).  Although it would have been better practice for the Supreme Court to discuss the waiver of the defendant's appellate rights with him before obtaining an admission of guilt (see People v. Downing, 233 A.D.3d 965, 966, 222 N.Y.S.3d 671), the record reflects that the defendant was aware of the People's demand for an appeal waiver before agreeing to plead guilty (cf.  People v. Sutton, 184 A.D.3d 236, 242, 125 N.Y.S.3d 739).  The defendant's valid waiver of his right to appeal precludes appellate review of his contentions that the search warrant was not supported by probable cause (see People v. Coachman, 154 A.D.3d 957, 958, 63 N.Y.S.3d 94) and that the sentence imposed was excessive (see People v. Lopez, 6 N.Y.3d 248, 253, 811 N.Y.S.2d 623, 844 N.E.2d 1145).

MILLER, J.P., WOOTEN, TAYLOR and MCCORMACK, JJ., concur.