| People v Simmons |
| 2014 NY Slip Op 00163 [113 AD3d 420] |
| January 9, 2014 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Chris Simmons, Appellant. |
—[*1] Cyrus R. Vance, Jr., District Attorney, New York (Karinna M. Rossi of counsel), forrespondent.
Judgment, Supreme Court, New York County (Edward J. McLaughlin, J., atsuppression hearing; Michael R. Sonberg, J., at plea and sentencing), rendered February1, 2012, as amended February 2, 2012, convicting defendant of criminal possession of acontrolled substance in the fourth degree, and sentencing him, as a second felony drugoffender 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 whichdefendant confirmed he understood he was giving up his right to appeal, established thatthe 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 heunderstood the written waiver.
Defendant's waiver forecloses review of his challenge to the denial of hissuppression 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 forreducing the sentence. Concur—Gonzalez, P.J., Tom, Renwick, Manzanet-Danielsand Feinman, JJ.