People v Kidd
2012 NY Slip Op 07696 [100 AD3d 779]
November 14, 2012
Appellate Division, Second Department
As corrected through Wednesday, December 26, 2012
As corrected through Wednesday, December 26, 2012


The People of the State of New York,Respondent,
v
Kenneth Kidd, Appellant.

[*1]Steven Banks, New York, N.Y. (Svetlana M. Kornfeind of counsel), for appellant, andappellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y.Brodt, and John F. McGoldrick of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.),rendered February 6, 2009, convicting him of attempted burglary in the second degree, upon hisplea 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 Lopez, 6 NY3d 248,256 [2006]; People v Seaberg, 74 NY2d 1, 11 [1989]; cf. People v Pelaez, 100AD3d 803 [2012] [decided herewith]). The defendant's valid waiver of his right to appealforecloses appellate review of his challenge to the hearing court's suppression determination(see People v Kemp, 94 NY2d 831, 833 [1999]; People v Holland, 44 AD3d 874 [2007]; People vBrathwaite, 263 AD2d 89, 91 [2000]), and his statutory speedy trial claim (see People vHolland, 44 AD3d at 874). Further, the defendant's contentions in his pro se supplementalbrief regarding an alleged Brady violation (see Brady v Maryland, 373 US 83[1963]) and his statutory speedy trial claim were forfeited by his plea of guilty (see People v Perez, 51 AD3d 824[2008]; People v Philips, 30 AD3d621 [2006]). The defendant's remaining contention in his pro se supplemental brief that hisconstitutional right to a speedy trial was violated is without merit. Eng, P.J., Skelos, Dickersonand Austin, 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.