PEOPLE v. ELDRIDGE (2018)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Mike ELDRIDGE, Defendant–Appellant.

6682

Decided: May 24, 2018

Renwick, J.P., Manzanet–Daniels, Mazzarelli, Kapnick, Kahn, JJ.

Robert S. Dean, Center for Appellate Litigation, New York (David Bernstein of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Katherine Kulkarni of counsel), respondent.

Judgment, Supreme Court, New York County (Laura A. Ward, J. at suppression hearing; A. Kirke Bartley, Jr., J. at plea and sentencing), rendered January 26, 2012, as amended February 2, 2012, convicting defendant of attempted robbery in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 14 years to life, unanimously affirmed.

Defendant made a valid waiver of his right to appeal. The oral colloquy, which avoided conflating the right to appeal with the rights forfeited by pleading guilty, met or exceeded the minimum standards for such a colloquy (see People v. Bryant, 28 N.Y.3d 1094, 68 N.E.3d 60 [2016] ). Furthermore, the colloquy was supplemented by an appropriate written waiver.

The valid waiver forecloses review of defendant's suppression and excessive sentence claims. Regardless of whether defendant made a valid waiver of his right to appeal, we find that the hearing court properly denied defendant's suppression motion, and we perceive no basis for reducing the sentence.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network