| People v Williams |
| 2015 NY Slip Op 07124 [132 AD3d 1291] |
| October 2, 2015 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, vTaroy Williams, Appellant. |
Timothy P. Donaher, Public Defender, Rochester (Jane I. Yoon of counsel), fordefendant-appellant.
Sandra Doorley, District Attorney, Rochester (Robert J. Shoemaker of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Monroe County (Alex R. Renzi, J.),rendered August 29, 2012. The judgment convicted defendant, upon his plea of guilty, ofrobbery in the first degree.
It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea ofguilty of robbery in the first degree (Penal Law § 160.15 [4]). Contrary todefendant's contention, his waiver of the right to appeal is valid (see generally People v Lopez,6 NY3d 248, 256 [2006]; People v Weinstock, 129 AD3d 1663, 1663 [2015]; People v Smith, 122 AD3d1300, 1301 [2014], lv denied 25 NY3d 1172 [2015]). The "plea colloquy,together with the written waiver of the right to appeal, adequately apprised defendant thatthe right to appeal is separate and distinct from those rights automatically forfeited upona plea of guilty" (People vArney, 120 AD3d 949, 949 [2014] [internal quotation marks omitted]; see People v Buske, 87 AD3d1354, 1354 [2011], lv denied 18 NY3d 882 [2012]). We reject defendant'sfurther contention that the written waiver of appeal is unenforceable because it containedcertain nonwaivable rights. "Any nonwaivable [rights] purportedly encompassed by thewaiver 'are excluded from the scope of the waiver [and] the remainder of the waiver isvalid and enforceable' " (People v Neal, 56 AD3d 1211, 1211 [2008], lv denied12 NY3d 761 [2009]; seePeople v Henion, 110 AD3d 1349, 1350 [2013], lv denied 22 NY3d1088 [2014]; People vGruber, 108 AD3d 877, 878 [2013], lv denied 22 NY3d 956 [2013]; People v Umber, 2 AD3d1051, 1052 [2003], lv denied 2 NY3d 747 [2004]). Defendant's valid waiverof the right to appeal encompasses his challenge to Supreme Court's suppression ruling(see People v Kemp, 94 NY2d 831, 833 [1999]; People v Braxton, 129 AD3d1674, 1675 [2015]; Peoplev Putnam, 50 AD3d 1514, 1514 [2008], lv denied 10 NY3d 963 [2008]).Present—Centra, J.P., Peradotto, Carni, Whalen and DeJoseph, JJ.