Criminal Law · MBE-tested

The People of the State of New York, Respondent, v. Merwin Holmes, Appellant

267 A.D.2d 45699 N.Y.S.2d 671·New York Supreme Court, Appellate Division·1999·NY

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Opinion

The People of the State of New York, Respondent, v Merwin Holmes, Appellant. [699 NYS2d 671] [MAJORITY] —Judgment, Supreme Court, Bronx County (Richard Price, J.), rendered January 9, 1995, convicting defendant, upon his plea of guilty, of attempted criminal , possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 2>xh to 7 years, unanimously affirmed. The record of defendant’s plea allocution establishes that he voluntarily and knowingly waived his right to appeal (see, People v Moissett, 76 NY2d 909). Accordingly, appellate review of the denial of defendant’s suppression motion is foreclosed. Concur — Lerner, J. P., Saxe, Buckley and Friedman, JJ.