The People of the State of New York, Respondent, v. Chris Simmons, Defendant–Appellant.

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

The People of the State of New York, Respondent, v. Chris Simmons, Defendant–Appellant.

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Decided: January 09, 2014

Gonzalez, P.J., Tom, Renwick, Manzanet–Daniels, Feinman, JJ. Richard M. Greenberg, Office of the Appellate Defender, New York (Rahul Sharma of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Karinna M. Rossi of counsel), for respondent.

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Judgment, Supreme Court, New York County (Edward J. McLaughlin, J. at suppression hearing;  Michael R. Sonberg, J. at plea and sentencing), rendered February 1, 2012, as amended February 2, 2012, convicting defendant of criminal possession of a controlled substance in the fourth degree, and sentencing him, as a second felony drug offender whose prior felony conviction was a violent felony, to a term of 6 years, unanimously affirmed.

“Defendant's written waiver, taken together with the oral colloquy in which defendant confirmed he understood he was giving up his right to appeal, established that the waiver was knowing, intelligent and voluntary” (People v. Caviness, 95 AD3d 622 [1st Dept 2012], lv denied 19 NY3d 995 [2012];  see also People v. Johnson, 14 NY3d 483, 486 [2010];  compare People v. Bradshaw, 18 NY3d 257 [2011] ).   In the oral colloquy, defendant unequivocally stated that he understood the written waiver.

Defendant's waiver forecloses review of his challenge to the denial of his suppression motion and his claim that his sentence is excessive.   As alternative holdings, we find that the suppression motion was properly denied, and we perceive no basis

for reducing the sentence.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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CLERK