PEOPLE v. VICTOR (2026)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Raymond L. Rodriguez, J.), rendered March 20, 2024, convicting him of criminal possession of a firearm, 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 those branches of his omnibus motion which were to suppress physical evidence and his statements to law enforcement officials (see People v. Cheristin, 239 A.D.3d 670, 671, 232 N.Y.S.3d 636;  People v. Hightower–Castro, 219 A.D.3d 504, 505, 195 N.Y.S.3d 23) and his contention that the sentence imposed was excessive (see People v. Lopez, 6 N.Y.3d at 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145).

GENOVESI, J.P., FORD, LANDICINO and QUIRK, JJ., concur.