People v. Bell

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 2014-11-12
Citations: 122 A.D.3d 764, 994 N.Y.S.2d 872
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Combined Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Camacho, J, at plea; Kron, J, at sentence), rendered October 17, 2012, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, without a hearing (Camacho, J.), of that branch of the defendant’s omnibus motion which was to suppress identification testimony.

*765 Ordered that the judgment is affirmed.

Under the circumstances of this case, the defendant’s purported waiver of his right to appeal was invalid (see People v Lopez, 6 NY3d 248 [2006]; People v Brown, 122 AD3d 133 [2d Dept 2014]). However, contrary to the defendant’s contention, there is no basis in this record to conclude that the Supreme Court erred as a matter of law in denying that branch of the defendant’s omnibus motion which was to suppress identification testimony (see People v Boyer, 6 NY3d 427 [2006]; People v Mendoza, 82 NY2d 415, 421 [1993]; People v Wharton, 74 NY2d 921, 923 [1989]).

Dickerson, J.E, Leventhal, Sgroi and LaSalle, JJ., concur.