People v Rasuk

People v Rasuk 2008 NY Slip Op 09158 [56 AD3d 336] November 20, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 7, 2009

The People of the State of New York, Respondent,
v
Hector Rasuk, Appellant.

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

Robert T. Johnson, District Attorney, Bronx (Alexis Pimentel of counsel), for respondent.

Judgments, Supreme Court, Bronx County (Richard Lee Price, J.), rendered October 18, 2007, convicting defendant, upon his pleas of guilty, of criminal possession of a weapon in the third degree and leaving the scene of an incident without reporting, and sentencing him to an aggregate term of six months, with five years' probation, unanimously affirmed.

At least when taken together, defendant's written and oral waivers establish that he made a valid waiver of his right to appeal (see People v Ramos, 7 NY3d 737 [2006]). That waiver forecloses review, including interest of justice review, of his suppression claims. We note as well that defendant's counsel expressly stated that defendant was withdrawing "any and all . . . decision[s] that may be pending." As an alternative holding, we also reject defendant's suppression claims on the merits. Concur—Lippman, P.J., Mazzarelli, Buckley, McGuire and DeGrasse, JJ.