PEOPLE v. CHAMPION (2024)

Judgment, Supreme Court, New York County (Curtis Farber, J.), rendered April 14, 2022, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him to a term of 3 years followed by 11/212 years of postrelease supervision, unanimously affirmed.

Defendant made a valid waiver of his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 559–560, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied 586 U.S. ––––, 140 S.Ct. 2634, 206 L.Ed.2d 512 [2020];  People v. Bryant, 28 N.Y.3d 1094, 45 N.Y.S.3d 335, 68 N.E.3d 60 [2016]), which forecloses review of his suppression claims.  The court's oral explanation of the appeal waiver “was sufficient because the right to appeal was adequately described without lumping it into the panoply of rights normally forfeited upon a guilty plea” (People v. Sanders, 25 N.Y.3d 337, 342, 12 N.Y.S.3d 593, 34 N.E.3d 344 [2015]).  Moreover, defendant executed a detailed written waiver that he discussed with counsel, which explained that the right to appeal was separate and distinct from the rights forfeited by pleading guilty (People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222 [2006]).  Contrary to defendant's contention, the court provided defendant several opportunities to decline to proceed with the waiver, even after he had signed it, and defendant elected to proceed.  Since defendant's waiver of the right to appeal was knowing, intelligent, and voluntary, the waiver precludes our review of the denial of defendant's motion to controvert the search warrant (People v. Miranda, 196 A.D.3d 417, 418, 146 N.Y.S.3d 781 [1st Dept. 2021], lv denied 37 N.Y.3d 994, 152 N.Y.S.3d 423, 174 N.E.3d 363 [2021]).  In any event, we find defendant's suppression claims unavailing.