People v Robbins

People v Robbins 2007 NY Slip Op 01009 [37 AD3d 192] February 6, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 11, 2007

The People of the State of New York, Respondent,
v
James Robbins, Appellant.

—[*1] Laura R. Johnson, The Legal Aid Society, New York (Martin M. Lucente of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Dennis Rambaud of counsel), for respondent.

Judgment, Supreme Court, New York County (Budd G. Goodman, J.), rendered November 14, 2002, convicting defendant, upon his plea of guilty, of criminal possession of stolen property in the fourth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Defendant made a valid written waiver of his right to appeal (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Moissett, 76 NY2d 909 [1990]), and nothing in the plea proceedings undermined its validity. This waiver forecloses review of defendant's suppression claim. Were we to find the appeal waiver to be unenforceable, we would reject the suppression claim on the merits. Concur—Tom, J.P., Friedman, Sullivan, Nardelli and Catterson, JJ.