| People v Johnson |
| 2009 NY Slip Op 00557 [58 AD3d 868] |
| January 27, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v James Johnson, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Gary Fidel and Ayelet Sela ofcounsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Grosso,J.), rendered March 20, 2007, convicting him of criminal possession of a controlled substance inthe third degree, 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 Ramos, 7 NY3d 737,738 [2006]; People v Lopez, 6NY3d 248, 256 [2006]; People v Seaberg, 74 NY2d 1, 11 [1989]). The defendant'svalid waiver of his right to appeal forecloses appellate review of his challenge to the SupremeCourt's denial of that branch of his omnibus motion which was to suppress physical evidence(see People v Kemp, 94 NY2d 831, 833 [1999]; People v Cardona, 51 AD3d 941 [2008]; People v Castillo, 49 AD3d 777[2008]; People v DeAngelo, 40AD3d 656 [2007]). Spolzino, J.P., Santucci, Leventhal and Chambers, JJ., concur.