| People v Farray |
| 2019 NY Slip Op 04193 [172 AD3d 1401] |
| May 29, 2019 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Jeffrey Farray, Appellant. |
Paul Skip Laisure, New York, NY (Isa Chakarian of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Sholom J. Twersky, andAshlyn Miranda of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (MarkDwyer, J.), rendered July 22, 2011, convicting him of criminal sale of a controlled substance inthe third degree (two counts), upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, he knowingly, voluntarily, and intelligently waivedhis right to appeal (see People vLopez, 6 NY3d 248, 256-257 [2006]; People v Abraham, 150 AD3d 1021 [2017]; People v Brown, 122 AD3d 133[2014]). The Supreme Court adequately explained, and the defendant acknowledged that heunderstood, the separate and distinct nature of the waiver of the right to appeal, and the defendantsigned a written waiver which he discussed with counsel and which adequately supplemented theoral colloquy (see People v Elliot,137 AD3d 715, 716 [2016]; Peoplev Rivera, 126 AD3d 727, 728 [2015]). The defendant's valid waiver of his right toappeal forecloses appellate review of his challenge to the hearing court's suppressiondetermination (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Abraham, 150 AD3d1021 [2017]; People v Sanchez,122 AD3d 778, 778-779 [2014]; People v Kidd, 100 AD3d 779, 779 [2012]). Scheinkman, P.J.,Leventhal, Connolly and Brathwaite Nelson, JJ., concur.