People v Caviness

People v Caviness 2012 NY Slip Op 03782 Decided on May 15, 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 May 15, 2012
Tom, J.P., Andrias, Renwick, DeGrasse, Abdus-Salaam, JJ.
7667 3656/09

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

v

Michael Caviness, Defendant-Appellant.




Richard M. Greenberg, Office of Appellate Defender, New
York (Lauren Stephens-Davidowitz of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Vincent
Rivellese of counsel), for respondent.

Judgment, Supreme Court, New York County (Bruce Allen, J. at suppression hearing; Michael R. Sonberg, J. at plea and sentencing), rendered June 1, 2010, convicting defendant of attempted criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony drug offender whose prior felony conviction was a violent felony, to a term of five years, unanimously affirmed.

Defendant made a valid waiver of his right to appeal. Defendant's written waiver, taken together with the oral colloquy in which defendant confirmed he understood he was giving up his right to appeal, established that the waiver was knowing, intelligent and voluntary (see People v Ramos, 7 NY3d 737 [2006]; compare People v Bradshaw, 18 NY3d 257 [2011]).

Regardless of whether defendant made a valid waiver of his right to appeal, we find that defendant's argument concerning the suppression hearing is unavailing and that there is no basis for reducing the sentence.

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

ENTERED: MAY 15, 2012

CLERK