| People v Ramsey |
| 2014 NY Slip Op 02318 [116 AD3d 717] |
| April 2, 2014 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Kalik Ramsey, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano,Johnnette Traill, and Nancy Fitzpatrick Talcott of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County(Hollie, J.), rendered November 18, 2011, convicting him of criminal possession of aweapon in the second degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The Supreme Court told the defendant that, as a condition of his plea agreement, hewas required to waive his right to appeal. Contrary to the defendant's contention, thecourt did not tell him that an appeal waiver was a mandatory part of every guilty plea,and nothing in the court's colloquy could be interpreted so broadly. Moreover, the courtexpressly told the defendant that the appeal waiver encompassed any hearings that hadalready been held in the case. Therefore, the defendant's challenges to the validity andscope of his waiver of the right to appeal are without merit (see People vSeaberg, 74 NY2d 1, 11 [1989]; cf. People v Muniz, 91 NY2d 570, 573[1998]). Further, the defendant has not drawn our attention to any other circumstancewhich might otherwise warrant our declining to enforce the appeal waiver. Accordingly,appellate review of the defendant's contentions relating to a suppression ruling isprecluded (see People vMontane, 110 AD3d 1101, 1101 [2013], lv denied 22 NY3d 1089[2014]; People v Holman,33 AD3d 815, 815 [2006]; People v Sloane, 13 AD3d 400, 400 [2004]). Balkin, J.P.,Lott, Austin and Miller, JJ., concur.