People v. Suzana

Appellate Division of the Supreme Court of New York

People v. Suzana

2017 NY Slip Op 1516, 147 A.D.3d 705, 48 N.Y.S.3d 363

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

DecidedFebruary 28, 2017

Docket1268/13 3255 2945/13 3254

StatusPublished

This text of 2017 NY Slip Op 1516 (People v. Suzana) 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. Suzana, 2017 NY Slip Op 1516, 147 A.D.3d 705, 48 N.Y.S.3d 363 (N.Y. Ct. App. 2017).

Pincite

Opinion

Judgments, Supreme Court, New York County (Michael J. Obús, J.), rendered December 12, 2013, convicting defendant, upon his pleas of guilty, of criminal possession of a weapon in the fourth degree and criminal mischief in the third degree, and sentencing him to concurrent terms of six months, unanimously affirmed.

Defendant made a valid waiver of his right to appeal (see People v Bryant, 28 NY3d 1094 [2016]). The court did not conflate the right to appeal with the rights automatically forfeited by pleading guilty. Instead, it separately explained to defendant that as part of his plea bargain, he was agreeing to waive his right to appeal. Defendant confirmed that he understood, and the oral colloquy was supplemented by a written waiver that was explained to defendant by his counsel with the aid of an interpreter.

Regardless of whether defendant validly waived his right to appeal, his argument regarding the court’s summary denial of a portion of his suppression motion is unpreserved and unavailing (see People v Bayron, 119 AD3d 444 [1st Dept 2014], lv denied 25 NY3d 987 [2015]).

Concur — Andrias, J.R, Feinman, Gische and Gesmer, JJ.

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Judgments, Supreme Court, New York County (Michael J. Obús, J.), rendered December 12, 2013, convicting defendant, upon his pleas of guilty, of criminal possession of a weapon in the fourth degree and criminal mischief in the third degree, and sentencing him to concurrent terms of six months, unanimously affirmed.

Defendant made a valid waiver of his right to appeal (see People v Bryant, 28 NY3d 1094 [2016]). The court did not conflate the right to appeal with the rights automatically forfeited by pleading guilty. Instead, it separately explained to defendant that as part of his plea bargain, he was agreeing to waive his right to appeal. Defendant confirmed that he understood, and the oral colloquy was supplemented by a written waiver that was explained to defendant by his counsel with the aid of an interpreter.

Regardless of whether defendant validly waived his right to appeal, his argument regarding the court’s summary denial of a portion of his suppression motion is unpreserved and unavailing (see People v Bayron, 119 AD3d 444 [1st Dept 2014], lv denied 25 NY3d 987 [2015]).

Concur — Andrias, J.R, Feinman, Gische and Gesmer, JJ.

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Bluebook (online)

2017 NY Slip Op 1516, 147 A.D.3d 705, 48 N.Y.S.3d 363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-suzana-nyappdiv-2017.

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