PEOPLE v. SOTO (2007)

Judgment, Supreme Court, New York County (Robert M. Stolz, J. at hearing;  Charles H. Solomon at plea and sentence), rendered March 14, 2006, convicting defendant of criminal possession of a controlled substance in the third degree, and sentencing him to a term of 1 year, unanimously affirmed.

Defendant made a valid waiver of his right to appeal, which forecloses review of his suppression claim.   The court expressly informed him that as a condition of the plea, he was agreeing to waive his right to appeal, and the court explicitly separated that right from the rights automatically forfeited by a guilty plea (see People v. Lopez, 6 N.Y.3d 248, 256-257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ).   Furthermore, the record makes it clear that not only did defendant have the opportunity to discuss the proposed appeal waiver with his lawyer, but he also executed a detailed written waiver in which he stated that he agreed to give up his right to appeal because he was receiving a favorable plea and sentence agreement (see People v. Ramos, 7 N.Y.3d 737, 819 N.Y.S.2d 853, 853 N.E.2d 222 [2006] ).   In any event, were we to find the waiver to be unenforceable, we would reject the suppression claim on the merits.