PEOPLE v. RASUK (2008)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Hector RASUK, Defendant-Appellant.

Decided: November 20, 2008

LIPPMAN, P.J., MAZZARELLI, BUCKLEY, McGUIRE, DeGRASSE, JJ.

Steven Banks, The Legal Aid Society, New York (Adrienne Hale of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Alexis Pimentel of counsel), for respondent.

Judgments, Supreme Court, Bronx County (Richard Lee Price, J.), rendered October 18, 2007, convicting defendant, upon his pleas of guilty, of criminal possession of a weapon in the third degree and leaving the scene of an incident without reporting, and sentencing him to an aggregate term of 6 months, with 5 years' probation, unanimously affirmed.

At least when taken together, defendant's written and oral waivers establish that he made a valid waiver of his right to appeal (see People v. Ramos, 7 N.Y.3d 737, 819 N.Y.S.2d 853, 853 N.E.2d 222 [2006] ). That waiver forecloses review, including interest of justice review, of his suppression claims. We note as well that defendant's counsel expressly stated that defendant was withdrawing “any and all ․ decision[s] that may be pending.” As an alternative holding, we also reject defendant's suppression claims on the merits.

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