People v. Ferreira

People v Ferreira (2020 NY Slip Op 04571) People v Ferreira 2020 NY Slip Op 04571 Decided on August 19, 2020 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided on August 19, 2020 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department WILLIAM F. MASTRO, J.P. LEONARD B. AUSTIN JOHN M. LEVENTHAL ROBERT J. MILLER, JJ. 2018-02541 (Ind. No. 102/17) [*1]The People of the State of New York, respondent, v Akeily O. Ferreira, appellant. Thomas N. N. Angell, Poughkeepsie, NY (Steven Levine of counsel; Lauren Jaeb on the brief), for appellant. William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent. DECISION & ORDER Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J.), rendered February 1, 2018, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence. ORDERED that the judgment is affirmed. The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Bryant, 28 NY3d 1094; People v Sanders, 25 NY3d 337; People v Polk, 179 AD3d 951). The defendant's valid waiver of his right to appeal precludes appellate review of his contention regarding the denial of his suppression motion (see People v Callahan, 80 NY2d 273; People v Garcia, 165 AD3d 1280, 1281; People v Corbin, 121 AD3d 803). MASTRO, J.P., AUSTIN, LEVENTHAL and MILLER, JJ., concur. ENTER: Aprilanne Agostino Clerk of the Court