People v. Shelton

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kohm, J.), rendered March 15, 2010, convicting him of criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that his prosecution in the instant case was barred on the grounds of collateral estoppel and double jeopardy. The defendant’s waiver of his right to appeal implicitly waived his constitutional claim to be free from double jeopardy (see People v Muniz, 91 NY2d 570, 575 [1998]; People v Thorpe, 2 AD3d 467…