People v. Gray

Defendant was indicted and charged with the crimes of burglary in the first degree and attempted petit larceny. After a Wade hearing on the eve of trial, while represented by counsel, defendant accepted an offer to plead guilty to burglary in the second degree in full satisfaction of the indictment. As part of the plea allocution, he affirmatively waived his right to appeal. As a second felony offender, defendant was sentenced to 31/2 to 7 years in prison. On appeal, he challenges the denial of his suppression motion as well as the failure to hold a hearing to determine the constitutionality…