People v Sears

People v Sears 2008 NY Slip Op 10055 [57 AD3d 396] December 23, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 11, 2009

The People of the State of New York, Respondent,
v
Jarell Sears, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York (William A. Loeb of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Christopher P. Marinelli of counsel), for respondent.

Judgment, Supreme Court, New York County (James A. Yates, J., at suppression hearing; Lewis Bart Stone, J., at plea and sentence), rendered July 11, 2007, convicting defendant of gang assault in the first degree, and sentencing him to a term of eight years, unanimously affirmed.

The record establishes that defendant made a valid general waiver of his right to appeal that encompassed his suppression claims (see People v Kemp, 94 NY2d 831 [1999]). Defendant signed a written waiver in which he agreed to waive appellate review of all possible issues, except for a list of four constitutional issues corresponding to the issues deemed nonwaivable in People v Seaberg (74 NY2d 1 [1989]). At the plea proceeding, defense counsel informed the court that he had explained the written waiver to his client, and defendant acknowledged that he understood it. Under these circumstances, we conclude that the insertion of language in the document highlighting the fact that the waiver would include any excessive sentence claim did not create any ambiguity as to whether the waiver also included suppression claims. Concur—Friedman, J.P., Sweeny, McGuire, Renwick and Freedman, JJ.