People v. Davila

137 A.D.3d 655, 26 N.Y.S.3d 862

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 24, 2016
• Docket: 616 483/09
• Status: Published

Opinion

Judgment, Supreme Court, Bronx County (Analisa Torres, J., at suppression hearing; Sharon A.H. Aarons, J., at plea and sentence), rendered July 18, 2011, as amended August 2, 2011, convicting defendant of criminal possession of a weapon in the second degree, and sentencing him to a term of 5V2 years, unanimously affirmed.

Defendant made a valid waiver of his right to appeal, which forecloses review of his suppression claim (People v Lopez, 6 NY3d 248, 256-257 [2006]). The court’s colloquy “was sufficient because the right to appeal was adequately described without lumping it into the panoply of rights normally forfeited upon a guilty plea” (People v Sanders, 25 NY3d 337, 341 [2015]). Moreover, defendant signed a written waiver that he had first discussed with counsel. As an alternative holding, we find that the court properly denied defendant’s suppression motion.

Concur—Mazzarelli, J.P., Manzanet-Daniels, Kapnick and Webber, JJ.