PEOPLE v. TAYLOR (2025)

Judgment, Supreme Court, New York County (Laura Ward, J., at suppression hearing;  James Burke, J., at plea and sentencing), rendered March 15, 2022, convicting defendant of attempted criminal possession of a weapon in the second degree, and sentencing him to a term of three years, unanimously affirmed.

Defendant validly waived his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 559, 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]).  The record is clear that defendant understood the proceedings and that he had discussed his case with counsel, and counsel confirmed that he was confident defendant understood the waiver's implications, demonstrating “a full appreciation of the consequences of [the] waiver” (People v. Bradshaw, 18 N.Y.3d 257, 264, 938 N.Y.S.2d 254, 961 N.E.2d 645 [2011]).

Defendant's valid waiver of his right to appeal forecloses review of his suppression claims (see People v. Walker, 206 A.D.3d 541, 541, 168 N.Y.S.3d 820 [1st Dept. 2022], lv denied 38 N.Y.3d 1191, 176 N.Y.S.3d 221, 197 N.E.3d 501 [2022]).  In any event, the court properly denied defendant's motion to suppress the gun recovered from his waist.  The police officers had reasonable suspicion to stop and detain defendant based on the description provided in the radio call, as well as their observations and the face-to-face encounter with an informant, an MTA employee, who signaled towards her waist and said, “it's in his waistband” (People v. Ward, 161 A.D.3d 520, 521, 77 N.Y.S.3d 367 [1st Dept. 2018], lv denied 32 N.Y.3d 942, 84 N.Y.S.3d 869, 109 N.E.3d 1169 [2018];  People v. Brown, 288 A.D.2d 152, 152, 733 N.Y.S.2d 182 [1st Dept. 2001], lv denied 97 N.Y.2d 727, 740 N.Y.S.2d 700, 767 N.E.2d 157 [2002]).  Further, the record supports the court's credibility determinations (People v. Diaz, 68 A.D.3d 642, 644, 894 N.Y.S.2d 1 [1st Dept. 2009], affd 15 N.Y.3d 764, 907 N.Y.S.2d 152, 933 N.E.2d 751 [2010]).