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The PEOPLE of the State of New York, Respondent, v. Joseph PARKER, Defendant–Appellant.
Judgment, Supreme Court, Bronx County (Jeanette Rodriguez–Morick., J., at suppression hearing; Armando Montano, J., at plea and sentencing), rendered March 12, 2018, convicting defendant of attempted criminal possession of a weapon in the second degree, and sentencing him to a term of two years, unanimously affirmed.
Defendant made a valid waiver of his right to appeal (see generally People v. Thomas, 34 NY3d 545 [2019], cert denied 589 U.S. ––––, 140 S Ct 2634 [2020]). The court's oral colloquy, combined with the written waiver that defendant signed in court after consulting with counsel, satisfied the requirements of a valid waiver. Any suggestion by the court that the waiver constituted an absolute bar to the taking of a direct appeal was cured by the detailed written waiver, which clarified that appellate review remained available for certain issues (see People v. Ramos, 7 NY3d 737, 738 [2006]; People v. Walker, 206 AD3d 541 [1st Dept 2022], lv denied 38 NY3d 1191 [2022]). The waiver forecloses review of defendant's suppression claim.
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Docket No: 2073
Decided: April 16, 2024
Court: Supreme Court, Appellate Division, First Department, New York.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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