PEOPLE v. BAWA (2025)

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

The PEOPLE of the State of New York, Respondent, v. Diawul–Haz BAWA, Defendant–Appellant.

2742-, 2742A

Decided: January 23, 2025

Manzanet–Daniels, J.P., Singh, Mendez, Rosado, O'Neill Levy, JJ.

Jenay Nurse Guilford, Center for Appellate Litigation, New York (Rashad Moore of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Brian Witthuhn of counsel), for respondent.

Judgments, Supreme Court, Bronx County (Ralph Fabrizio, J., at suppression hearing; Guy H. Mitchell, J., at pleas and sentencing), rendered November 2, 2022, as amended November 14, 2022, convicting defendant of criminal possession of a weapon in the second degree and petit larceny, and sentencing him to an aggregate term of 41/212 years, unanimously affirmed.

Defendant made a valid waiver of his right to appeal (see People v. Thomas, 34 NY3d 545 [2019], cert denied 589 U.S. ––––, 140 S Ct 2634 [2020]), which forecloses review of his suppression and excessive sentence claims.

Under these circumstances, we find defendant's remaining arguments unavailing. We perceive no new basis for reducing the sentence.

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