The People, etc., respondent, v. George Tanner, appellant.

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Supreme Court, Appellate Division, Second Department, New York.

The People, etc., respondent, v. George Tanner, appellant.

2015–06807 (Ind.No. 6550/13)

Decided: February 27, 2019

LEONARD B. AUSTIN, J.P. JOSEPH J. MALTESE FRANCESCA E. CONNOLLY LINDA CHRISTOPHER, JJ. Paul Skip Laisure, New York, N.Y. (Patricia Pazner of counsel), for appellant.

Argued—October 26, 2018

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Suzanne M. Mondo, J.) rendered June 30, 2015, convicting him of criminal possession of marihuana in the first degree and criminal possession of a weapon in the third degree (three counts), upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Lopez, 6 NY3d 248, 256;  People v. Fortier, 130 AD3d 642, 642).  The defendant's valid waiver of his right to appeal precludes appellate review of the denial of that branch of his omnibus motion which was to controvert a search warrant and suppress certain physical evidence seized in the execution thereof (see People v. Kemp, 94 N.Y.2d 831, 833;  People v. Turner, 160 AD3d 993;  People v. Corbin, 121 AD3d 803), and his contention that the sentence imposed was excessive (see People v. Sanders, 25 NY3d 337;  People v. Hidalgo, 91 N.Y.2d 733).

AUSTIN, J.P., MALTESE, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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