People v Giles

People v Giles 2012 NY Slip Op 07076 Decided on October 23, 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 October 23, 2012
Tom, J.P., Andrias, Saxe, DeGrasse, Manzanet-Daniels, JJ.
8361 4216/07 1468/07

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

v

Lavon Giles, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Jeffrey
Dellheim of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Frank Glaser
of counsel), for respondent.

Judgment, Supreme Court, New York County (Michael J. Obus, J.), rendered January 3, 2008, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree and assault in the second degree, and sentencing him to an aggregate term of two years, unanimously affirmed.

Defendant made a valid waiver of his right to appeal (see People v Ramos, 7 NY3d 737 [2006]). The court's thorough colloquy with defendant was itself sufficient to establish the validity of the waiver. In addition, the colloquy was supplemented by a written waiver.

As an alternative holding (see People v Callahan, 80 NY2d 273, 285 [1992]), we reject defendant's challenges to the statutes relating to possession of gravity knives (see People v Herbin, 86 AD3d 446, 447-48 [1st Dept 2011], lv denied 17 NY3d 859 [2011]).

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

ENTERED: OCTOBER 23, 2012

CLERK