People v Stanback

2009 NY Slip Op 03021 [61 AD3d 785]

April 14, 2009

Appellate Division, Second Department

As corrected through Wednesday, June 10, 2009

The People of the State of New York,Respondent, v Anthony Stanback, Appellant.

—[*1]Lynn W. L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Anne C. Feigus ofcounsel; George P. Sieniawski on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lott, J.),rendered June 12, 2007, convicting him of murder in the second degree, upon his plea of guilty,and imposing sentence.

Ordered that the judgment is affirmed.

The record establishes that the defendant's waiver of his right to appeal was intelligently,knowingly, and voluntarily made (seePeople v Ramos, 7 NY3d 737, 738 [2006]; People v Lopez, 6 NY3d 248, 256-257 [2006]). The defendant'svalid and comprehensive waiver of his right to appeal forecloses appellate review of theSupreme Court's suppression determination (see People v Kemp, 94 NY2d 831, 833[1999]; People v Morales, 53 AD3d630, 630-631 [2008]; People vCardona, 51 AD3d 941 [2008]). Spolzino, J.P., Santucci, Balkin and Chambers, JJ.,concur.