| People v Caviness |
| 2012 NY Slip Op 03782 [95 AD3d 622] |
| May 15, 2012 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Michael Caviness, Appellant. |
—[*1] Cyrus R. Vance, Jr., District Attorney, New York (Vincent Rivellese of counsel), forrespondent.
Judgment, Supreme Court, New York County (Bruce Allen, J., at suppression hearing;Michael R. Sonberg, J., at plea and sentencing), rendered June 1, 2010, convicting defendant ofattempted criminal possession of a controlled substance in the third degree, and sentencing him,as a second felony drug offender whose prior felony conviction was a violent felony, to a term offive years, unanimously affirmed.
Defendant made a valid waiver of his right to appeal. Defendant's written waiver, takentogether with the oral colloquy in which defendant confirmed he understood he was giving up hisright to appeal, established that the waiver was knowing, intelligent and voluntary (see People v Ramos, 7 NY3d 737[2006]; compare People vBradshaw, 18 NY3d 257 [2011]).
Regardless of whether defendant made a valid waiver of his right to appeal, we find thatdefendant's argument concerning the suppression hearing is unavailing and that there is no basisfor reducing the sentence. Concur—Tom, J.P., Andrias, Renwick, DeGrasse andAbdus-Salaam, JJ.