People v Lazado

People v Lazado 2009 NY Slip Op 08865 [68 AD3d 408] December 1, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

The People of the State of New York, Respondent,
v
David Lazado, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (David Crow of counsel), and Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York (Elizabeth Gallagher McCabe of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Dana Levin Gosnell of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Troy K. Webber, J., at motions; Seth Marvin, J., at plea and sentence), rendered September 28, 2006, convicting defendant, upon his plea of guilty, of attempted promoting prison contraband in the first degree, and sentencing him, as a second felony offender, to a term of 1½ to 3 years, unanimously affirmed.

Defendant made a valid waiver of his right to appeal, which forecloses his suppression claim. The court did not conflate the right to appeal with the rights automatically forfeited by pleading guilty, but separately explained that the waiver of the right to appeal was in consideration for the plea (see People v Lopez, 6 NY3d 248 [2006]). As an alternative holding, we also reject defendant's suppression claim on the merits. Concur—Tom, J.P., Sweeny, Moskowitz, Acosta and Abdus-Salaam, JJ.