| People v Evans |
| 2009 NY Slip Op 01006 [59 AD3d 216] |
| February 10, 2009 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v JoelEvans, Appellant. |
—[*1] Robert T. Johnson, District Attorney, Bronx (Marc A. Sherman of counsel), forrespondent.
Judgment, Supreme Court, Bronx County (Ralph Fabrizio, J.), rendered December 1, 2005,convicting defendant, after a jury trial, of two counts of robbery in the first degree, andsentencing him to concurrent terms of eight years, and also convicting him, upon his plea ofguilty, of attempted robbery in the second degree, and sentencing him to a consecutive term oftwo years, unanimously affirmed.
Defendant made a valid waiver of his right to appeal, including his right to appeal from hisconviction after trial (see People v Seaberg, 74 NY2d 1, 10-11 [1989]; People v Thacker, 47 AD3d 423[2008], lv denied 10 NY3d 817 [2008]). During the colloquy, the court explained indetail the appellate rights that defendant was waiving, including his right to raise issues relatingto his trial. The court was not required to enumerate all possible trial issues (cf. People v Roulette, 55 AD3d 394[2008]). Before making the waiver, defendant extensively consulted with counsel, who, on thepresent record, is presumed to have discussed potential appellate claims with his client. Nocoercion or concealment of trial issues can be found on this record (see People vHolman, 89 NY2d 876 [1996]). Plainly, defendant received a substantial benefit in return forhis waiver, since he significantly limited his [*2]sentencingexposure. Accordingly, defendant has effectively waived his right to have this Court consider hisclaim of trial error. As an alternative holding, we also reject that claim on the merits.Concur—Tom, J.P., Saxe, McGuire, Moskowitz and Freedman, JJ.