People v Eimers
2009 NY Slip Op 05569 [63 AD3d 1177]
June 30, 2009
Appellate Division, Second Department
As corrected through Wednesday, August 5, 2009


The People of the State of New York,Respondent,
v
Eugene Eimers, Appellant.

[*1]Stephen N. Preziosi, P.C., Smithtown, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Rosalind C. Gray of counsel), forrespondent.

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (R. Doyle,J.), rendered September 5, 2006, convicting him of attempted robbery in the second degree, uponhis plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's valid and comprehensive waiver of his right to appeal forecloses appellatereview of his contention regarding the hearing court's suppression determination (see Peoplev Kemp, 94 NY2d 831, 833 [1999]; People v Perry, 60 AD3d 974 [2009], lvdenied 12 NY3d 857 [2009]; People v Russell, 60 AD3d 706 [2009]). Spolzino, J.P.,Santucci, Florio and Lott, JJ., concur.


NYPTI Decisions © 2026 is a project of New York Prosecutors Training Institute (NYPTI) made possible by leveraging the work we've done providing online research and tools to prosecutors.

NYPTI would like to thank New York State Division of Criminal Justice Services, New York State Senate's Open Legislation Project, New York State Unified Court System, New York State Law Reporting Bureau and Free Law Project for their invaluable assistance making this project possible.

Install the free RECAP extensions to help contribute to this archive. See https://free.law/recap/ for more information.