People v Hayes

People v Hayes 2009 NY Slip Op 09399 [68 AD3d 579] December 17, 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
Harold Hayes, Appellant.

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

Robert M. Morgenthau, District Attorney, New York (Philip J. Morrow of counsel), for respondent.

Judgment, Supreme Court, New York County (Lewis Bart Stone, J.), rendered February 20, 2008, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him to a term of 3 to 6 years, unanimously affirmed.

Regardless of whether defendant made a valid waiver of his right to appeal, we reject his suppression claim on the merits (see People v Francois, 61 AD3d 524 [2009]). Concur—Tom, J.P., Andrias, Saxe, McGuire and Manzanet-Daniels, JJ.