People v Gaskin

People v Gaskin 2012 NY Slip Op 03462 Decided on May 1, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 1, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
PETER B. SKELOS, J.P.
ANITA R. FLORIO
RANDALL T. ENG
SHERI S. ROMAN, JJ.
2011-01527
(Ind. No. 1630-10)

[*1]The People of the State of New York, respondent,

v

Michael Gaskin, appellant.




Arza Feldman, Uniondale, N.Y. (Steven A. Feldman of
counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Lauren
Tan of counsel), for respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Hinrichs, J.), rendered January 21, 2011, convicting him of driving while intoxicated, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, his waiver of his right to appeal forecloses appellate review of his challenge to the Supreme Court's denial of that branch of his omnibus motion which was to suppress his statements to law enforcement officials (see People v Kemp, 94 NY2d 831, 833; People v Brathwaite, 263 AD2d 89, 91; see also People v Pena, 73 AD3d 1216; People v DeAngelo, 40 AD3d 656; People v Munford, 37 AD3d 855).
SKELOS, J.P., FLORIO, ENG and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court