People v Reid

People v Reid 2009 NY Slip Op 01306 [59 AD3d 279] February 19, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 1, 2009

The People of the State of New York, Respondent,
v
Alvin Reid, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Amy Donner of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Mary C. Farrington of counsel), for respondent.

Judgment, Supreme Court, New York County (Lewis Bart Stone, J.), rendered September 12, 2006, convicting defendant, after a guilty plea, of burglary in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 16 years to life, unanimously affirmed.

The record establishes that defendant made a valid waiver of his right to appeal, that the waiver encompassed his suppression claims (see People v Kemp, 94 NY2d 831 [1999]), and that it was otherwise enforceable (see People v Holman, 89 NY2d 876 [1996]). As an alternative holding, we also reject defendant's suppression claims on the merits. Concur—Tom, J.P., Moskowitz, Acosta and Freedman, JJ.