PEOPLE v. LEWIS (2008)

Judgments, Supreme Court, New York County (Carol Berkman, J.), rendered June 2, 2005, convicting defendant, upon his pleas of guilty, of murder in the second degree and criminal sale of a controlled substance in the third degree, and sentencing him to an aggregate term of 20 years to life, unanimously affirmed.

Defendant made valid written and oral waivers 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];  People v. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ), which foreclose his suppression claims.   In a thorough colloquy, the court carefully explained to defendant that the right to appeal was separate from the rights automatically forfeited by pleading guilty, and that, in consideration of the plea, defendant was giving up his right to appellate review of the court's suppression ruling.   To the extent that defendant is arguing that this Court should entertain his suppression arguments regardless of the waiver, that argument is without merit (see People v. Holman, 89 N.Y.2d 876, 653 N.Y.S.2d 93, 675 N.E.2d 847 [1996] ).   As an alternative holding, we also reject defendant's suppression claims on the merits.