PEOPLE v. BRATHWAITE


263 A.D.2d 89 (2000)

703 N.Y.S.2d 191

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLEMENT BRATHWAITE, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 18, 2000.


Attorney(s) appearing for the Case

Susan B. Marhoffer, Mount Kisco, for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Roseann B. MacKechnie and Monique Ferrell of counsel; Noelle Donovan on the brief), for respondent.

THOMPSON, ALTMAN AND LUCIANO, JJ., concur.


OPINION OF THE COURT

MANGANO, P. J.

The question to be answered on this appeal is whether, by executing a waiver of the right to appeal, the defendant waived appellate review of his claims that the Supreme Court erred in denying that branch of his omnibus motion which was to controvert a search warrant and to suppress evidence recovered pursuant to the warrant's execution, and that his sentence violates the constitutional proscription against cruel and unusual...

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