People v Ortiz
2018 NY Slip Op 06199 [164 AD3d 1159]
September 25, 2018
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 24, 2018


[*1]
 The People of the State of New York, Respondent,
v
Manuel Ortiz, Appellant.

Christina A. Swarns, Office of the Appellate Defender, New York (Daniel R. Lambright of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Jonathon Krois of counsel), for respondent.

Judgment, Supreme Court, New York County (James M. Burke, J. at motion; Roger S. Hayes, J. at plea and sentencing), rendered July 28, 2015, convicting defendant of criminal possession of a controlled substance in the second degree and criminal possession of a weapon in the second degree, and sentencing him to concurrent terms of 31/2 years, unanimously affirmed.

Defendant made a valid waiver of his right to appeal, which forecloses his suppression claims. The court's oral colloquy with defendant, supplemented by a detailed written waiver, satisfied the requirements for a valid waiver (see People v Bryant, 28 NY3d 1094 [2016]). In particular, the court made it clear to defendant that he was waiving appellate review of the legality of the search conducted by the police, which is the only issue he now seeks to raise on appeal.

Regardless of whether defendant made a valid waiver of his right to appeal, we reject his challenges to the search warrant. Concur—Friedman, J.P., Kapnick, Kahn, Oing, JJ.