People v Simmons
2014 NY Slip Op 00163 [113 AD3d 420]
January 9, 2014
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 5, 2014


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

[*1] 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.

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 six 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, 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. Concur—Gonzalez, P.J., Tom, Renwick, Manzanet-Daniels and Feinman, JJ.