People v. Brown, 41 A.D.3d 1234

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of robbery in the third degree (Penal Law § 160.05). We reject the contention of defendant that his waiver of the right to appeal was invalid. County Court was not required to ” ‘engage in any particular litany’ ” (People v Calvi, 89 NY2d 868, 871 [1996]; see People v Looney, 20 AD3d 926 [2005], lv denied 5 NY3d 807 [2005]; People v Brown, 281 AD2d 962 [2001], lv denied 96 NY2d 899 [2001]). The plea allocution establishes that the waiver of the right to appeal was voluntarily, knowingly, and intelligently entered (see Calvi, 89 NY2d at 871; Looney, 20 AD3d 926 [2005]; Brown, 281 AD2d at 962), even though some of defendant‘s responses to the court‘s inquiries were ” ‘monosyllabic’ ” (People v Wilson, 38 AD3d 1348, 1348 [2007]). The valid waiver encompasses defendant‘s contention that the court erred in refusing to suppress the showup identification (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Pan Zhi Feng, 15 AD3d 862 [2005], lv denied 5 NY3d 809 [2005]; People v Cheatham, 266 AD2d 875 [1999], lv denied 94 NY2d 917 [2000]). Present—Gorski, J.P., Martoche, Centra, Fahey and Peradotto, JJ.

Case Details

Case Name: People v. Brown

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: Jun 8, 2007

Citations: 41 A.D.3d 1234; 837 N.Y.S.2d 807

Court Abbreviation: N.Y. App. Div.