| People v Junior |
| 2012 NY Slip Op 05675 [97 AD3d 984] |
| July 19, 2012 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v HerbertJunior, Appellant. |
—[*1] James R. Farrell, District Attorney, Monticello (Bonnie M. Mitzner of counsel), forrespondent.
Lahtinen, J. Appeal from a judgment of the County Court of Sullivan County (LaBuda, J.),rendered September 21, 2010, convicting defendant upon his plea of guilty of the crimes ofmurder in the second degree and criminal possession of a weapon in the third degree.
Defendant was questioned by police and eventually confessed to killing the victim, who hadbeen repeatedly stabbed. In a superceding indictment, defendant was charged with murder in thefirst degree, criminal sexual act in the first degree, murder in the second degree and four countsof criminal possession of a weapon in the third degree. He moved to suppress his statements topolice as well as evidence seized pursuant to search warrants. Following Huntley andMapp hearings, County Court denied his motion. As part of a negotiated agreement,defendant pleaded guilty to murder in the second degree and one count of criminal possession ofa weapon. He waived his right to appeal verbally on the record and in writing. County Courtsentenced him consistent with the terms of the negotiated plea agreement to an aggregate prisonterm of 23 years to life. Defendant appeals.
We affirm. Defendant contends that County Court erred in denying his motion to suppresshis confession to police. Review of County Court's suppression ruling is precluded by defendant'swaiver of his right to appeal (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Spruill, 90 AD3d 1242,1243 [2011], lv denied 18 NY3d 998 [2012]; People v Martin, 16 [*2]AD3d 767, 767-768 [2005]). The record reveals that defendant'swaiver of the right to appeal was knowing, voluntary and intelligent. The waiver was made withthe assistance of counsel and it was distinguished from other rights that defendant forfeited uponpleading guilty. Preplea rulings were specifically included as part of the waiver (see People v Johnson, 14 AD3d730, 730 [2005]).
Mercure, J.P., Rose, Stein and McCarthy, JJ., concur. Ordered that the judgment is affirmed.