People v Somoza

People v Somoza 2012 NY Slip Op 00847 Decided on February 7, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 7, 2012
Saxe, J.P., Friedman, Catterson, Freedman, Manzanet-Daniels, JJ.
6754 5005/08

[*1]The People of the State of New York, Respondent,

v

Gregory Somoza, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Sheilah
Fernandez of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Vincent
Rivellese of counsel), for respondent.

Judgment, Supreme Court, New York County (Richard D. Carruthers, J. at suppression hearing; Kibbie F. Payne, J. at plea and sentencing), rendered November 5, 2009, convicting defendant of criminal possession of stolen property in the third degree and unauthorized use of a vehicle in the second degree, and sentencing him, as a second felony offender, to an aggregate term of 2½ to 5 years, unanimously affirmed.

Defendant made a valid waiver of his right to appeal (see People v Ramos, 7 NY3d 737 [2006]; People v Lopez, 6 NY3d 248 [2006]). The court did not conflate the right to appeal with the rights automatically forfeited by pleading guilty. Defendant orally confirmed that he understood he was giving up his right to appeal (compare People v Bradshaw, NY3d, 2011 NY Slip Op 08963 [Dec 13, 2011]). In addition, the colloquy was supplemented by a written waiver.

Regardless of whether defendant made a valid waiver of his right to appeal, we conclude that the hearing court properly denied defendant's suppression motion.

There is no basis for disturbing the court's credibility determinations, which are supported by the record.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 7, 2012

CLERK