| People v Ellis |
| 2010 NY Slip Op 00278 [69 AD3d 756] |
| January 12, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Shamah Ellis, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Rhea A. Grob ofcounsel; Xiaobo Chen on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mangano,Jr., J.), rendered May 7, 2007, convicting him of attempted assault in the first degree, upon hisplea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing,of that branch of the defendant's omnibus motion which was to suppress identification testimony.
Ordered that the judgment is affirmed.
The record establishes that the defendant executed a written waiver of his right to appeal andthat such waiver was knowingly, intelligently, and voluntarily made (see People v Ramos, 7 NY3d 737[2006]; People v Love, 67 AD3d709 [2009]; People v Taylor,17 AD3d 491 [2005]). The valid waiver of appeal forecloses appellate review of thedefendant's claim regarding that branch of his omnibus motion which was to suppressidentification testimony (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Eimers, 63 AD3d 1177,1178 [2009]; People v Stanback, 61AD3d 785 [2009]; People vRussell, 60 AD3d 706 [2009]). Contrary to the defendant's contention, he was notsentenced as a predicate violent felony offender. In any event, his claim in that regard isforeclosed by his valid waiver of the right to appeal (see People v Campbell, 38 AD3d 677, 678 [2007]). Covello, J.P.,Angiolillo, Balkin and Sgroi, JJ., concur.