People v. Gatling

Appellate Division of the Supreme Court of New York

People v. Gatling

126 A.D.3d 651, 4 N.Y.S.3d 485

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 31, 2015

Docket14677 3502/12

StatusPublished

This text of 126 A.D.3d 651 (People v. Gatling) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Gatling, 126 A.D.3d 651, 4 N.Y.S.3d 485 (N.Y. Ct. App. 2015).

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Opinion

Judgment, Supreme Court, New York County (Thomas Farber, J.), rendered February 26, 2013, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him to a term of one year, unanimously affirmed.

Defendant made a valid waiver of his right to appeal (see People v Lopez, 6 NY3d 248 [2006]). The court did not conflate the right to appeal with the rights automatically forfeited as the result of a guilty plea, it expressly stated that by pleading guilty a defendant does not give up the right to appeal, and it explained that, in return for the negotiated plea and sentence, defendant was additionally agreeing to waive his right to appeal (see e.g. People v Chavez, 84 AD3d 630 [1st Dept 2011], lv denied 17 NY3d 858 [2011]). Defendant also executed a written waiver.

This waiver forecloses defendant’s suppression claims. As an alternative holding, we also reject them on the merits. The search warrant was based on probable cause.

Concur — Friedman, J.R, Renwick, Moskowitz, Richter and Clark, JJ.

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Judgment, Supreme Court, New York County (Thomas Farber, J.), rendered February 26, 2013, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him to a term of one year, unanimously affirmed.

Defendant made a valid waiver of his right to appeal (see People v Lopez, 6 NY3d 248 [2006]). The court did not conflate the right to appeal with the rights automatically forfeited as the result of a guilty plea, it expressly stated that by pleading guilty a defendant does not give up the right to appeal, and it explained that, in return for the negotiated plea and sentence, defendant was additionally agreeing to waive his right to appeal (see e.g. People v Chavez, 84 AD3d 630 [1st Dept 2011], lv denied 17 NY3d 858 [2011]). Defendant also executed a written waiver.

This waiver forecloses defendant’s suppression claims. As an alternative holding, we also reject them on the merits. The search warrant was based on probable cause.

Concur — Friedman, J.R, Renwick, Moskowitz, Richter and Clark, JJ.

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Bluebook (online)

126 A.D.3d 651, 4 N.Y.S.3d 485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gatling-nyappdiv-2015.

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