People v Canada

People v Canada 2013 NY Slip Op 08110 Decided on December 5, 2013 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 December 5, 2013
Tom, J.P., Friedman, Renwick, Feinman, Clark, JJ.
11241 1762/09

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

v

Milton Canada, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Frances A.
Gallagher of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Brian
Goldberg of counsel), for respondent.

Judgment, Supreme Court, New York County (Rena K. Uviller, J. at suppression hearing; A. Kirke Bartley, Jr., J. at plea and sentencing), rendered March 10, 2010, convicting defendant of criminal possession of a weapon in the third degree, and sentencing him to a term of five years' probation, unanimously affirmed.

Defendant made a valid waiver of his right to appeal (see People v Lopez, 6 NY3d 248, 256-257 [2006]), which forecloses review of his suppression claims. As an alternative holding
(see People v Callahan, 80 NY2d 273, 285 [1992]), we reject defendant's claims on the merits.

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

ENTERED: DECEMBER 5, 2013

CLERK