| People v Johnson |
| 2020 NY Slip Op 03925 [185 AD3d 838] |
| July 15, 2020 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Juan Johnson, Appellant. |
Paul Skip Laisure, New York, NY (Alice R.B. Cullina of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Sholom J. Twersky, andAndrew S. Durham of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (William M.Harrington, J.), rendered on March 28, 2017, convicting him of criminal possession of a forgedinstrument in the second degree (three counts), upon his plea of guilty, and imposing sentence.The appeal brings up for review the denial, after a hearing, of that branch of the defendant'somnibus motion which was to suppress physical evidence.
Ordered that the judgment is affirmed.
A waiver of the right to appeal will not be enforced unless it was knowing, intelligently, andvoluntarily made (see People vLopez, 6 NY3d 248 [2006]; People v Callahan, 80 NY2d 273 [1992]).Furthermore, the waiver is effective only when the record demonstrates that the defendant hashad a full appreciation of the consequences of the waiver (see People v Mack, 168 AD3d 1100 [2019]; People v Cassadean, 160 AD3d655 [2018]; People v Brown,122 AD3d 133 [2014]).
Contrary to the defendant's contention, he knowingly, voluntarily, and intelligently waivedhis right to appeal at the time he entered his plea of guilty (see People v Mack, 168 AD3d 1100 [2019]; People v Moore, 140 AD3d 1091[2016]; People v Corbin, 121 AD3d803 [2014]). The record reveals that the Supreme Court adequately explained, and that thedefendant acknowledged that he understood, the separate and distinct nature of the waiver of theright to appeal, and the defendant signed a written waiver which adequately supplemented theoral colloquy.
The defendant's valid waiver of his right to appeal precludes review of his challenge to theSupreme Court's suppression determination (see People v Sanders, 25 NY3d 337 [2015]; People vKemp, 94 NY2d 831, 833-834 [1999]). Dillon, J.P., Miller, Barros and Connolly, JJ.,concur.