THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. WILLIAM GIBSON JR DEFENDANT APPELLANT (2017)

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum:  Defendant appeals from a judgment convicting him upon a guilty plea of criminal possession of a weapon in the second degree (Penal Law § 265.03[3] ).  Contrary to defendant's contention, his waiver of the right to appeal is valid (see generally People v. Lopez, 6 NY3d 248, 256;  People v. Weinstock, 129 AD3d 1663, 1663, lv denied 26 NY3d 1012).  The “ ‘plea colloquy, together with the written waiver of the right to appeal, adequately apprised defendant that the right to appeal is separate and distinct from those rights automatically forfeited upon a plea of guilty’ “ (People v. Williams, 132 AD3d 1291, 1291, lv denied 26 NY3d 1151).  We reject defendant's contention that the written waiver of appeal is unenforceable because it contained certain nonwaivable rights.  “Any nonwaivable [rights] purportedly encompassed by the waiver ‘are excluded from the scope of the waiver [and] the remainder of the waiver is valid and

enforceable' “ (People v. Neal, 56 AD3d 1211, 1211, lv denied 12 NY3d 761;  see Williams, 132 AD3d at 1291).  Defendant's valid waiver of the right to appeal encompasses his challenge to County Court's suppression ruling (see People v. Kemp, 94 N.Y.2d 831, 833;  Williams, 132 AD3d at 1291;  Weinstock, 129 AD3d at 1663).

Frances E. Cafarell

Clerk of the Court