THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. ANDRE THOMAS DEFENDANT APPELLANT (2018)

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 his plea of guilty, 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. Bradshaw, 18 NY3d 257, 264 [2011];  People v. Lopez, 6 NY3d 248, 256 [2006] ).   People v. Brown (296 A.D.2d 860 [4th Dept 2002], lv denied 98 N.Y.2d 767 [2002] ), relied on by defendant, is distinguishable.  In Brown, we held that the plea court's “single reference to defendant's right to appeal [was] insufficient to establish that the court engage[d] the defendant in an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice” (id. at 860 [emphasis added and internal quotation marks omitted] ).  Here, in contrast, Supreme Court provided defendant with an extensive and detailed description of the proposed waiver of the right to appeal before securing his consent thereto.  Defendant's valid waiver of the right to appeal forecloses his suppression claim (see People v. Kemp, 94 N.Y.2d 831, 833 [1999];  People v. Scott, 144 AD3d 1597, 1597–1598 [4th Dept 2016], lv denied 28 NY3d 1150 [2017];  People v. Verse, 61 AD3d 1409, 1409 [4th Dept 2009], lv denied 12 NY3d 930 [2009] ).

Mark W. Bennett

Clerk of the Court