PEOPLE v. GANTT (2024)

Judgment, Supreme Court, Bronx County (Marsha Michael, J.), rendered April 11, 2019, convicting defendant, upon his guilty plea, of attempted criminal possession of a weapon in the second degree, and sentencing him to five years of probation, unanimously affirmed.

Defendant's assertion that his waiver of the right to appeal was not made knowingly, intelligently, and voluntarily is unavailing.  “[I]n determining whether the record demonstrates that a defendant understood an appeal waiver's consequences, proper considerations include the defendant's consultation with counsel and on-the-record acknowledgments of understanding, a written appeal waiver that supplements or clarifies the court's oral advice, and defendant's experience with the criminal justice system” (People v. Thomas, 34 N.Y.3d 545, 560, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied 589 U.S. ––––, 140 S.Ct. 2634, 206 L.Ed.2d 512 [2020]).  Here, the court's oral colloquy and a detailed written waiver that defendant signed after consultation with his counsel satisfied the requirements of a valid waiver (id.).

Accordingly, this valid waiver forecloses review of the denial of defendant's motion for a suppression hearing.  We further note that defendant has completed his sentence as of this appeal, and thus any challenge to his sentence is rendered moot (People v. Alexander, 148 A.D.3d 521, 522, 48 N.Y.S.3d 592 [1st Dept. 2017]).