| People v Gibson |
| 2017 NY Slip Op 01081 [147 AD3d 1507] |
| February 10, 2017 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, v William D.Gibson, Jr., Appellant. |
Timothy P. Donaher, Public Defender, Rochester (Jane I. Yoon of counsel), fordefendant-appellant.
Sandra Doorley, District Attorney, Rochester (Scott Myles of counsel), for respondent.
Appeal from a judgment of the Monroe County Court (James J. Piampiano, J.), renderedNovember 14, 2013. The judgment convicted defendant, upon his plea of guilty, of criminalpossession of a weapon in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a guilty plea ofcriminal possession of a weapon in the second degree (Penal Law § 265.03 [3]).Contrary to defendant's contention, his waiver of the right to appeal is valid (see generally People v Lopez, 6 NY3d248, 256 [2006]; People vWeinstock, 129 AD3d 1663, 1663 [2015], lv denied 26 NY3d 1012 [2015]). The" 'plea colloquy, together with the written waiver of the right to appeal, adequatelyapprised defendant that the right to appeal is separate and distinct from those rights automaticallyforfeited upon a plea of guilty' " (People v Williams, 132 AD3d 1291, 1291 [2015], lv denied26 NY3d 1151 [2016]). We reject defendant's contention that the written waiver of appeal isunenforceable because it contained certain nonwaivable rights. "Any nonwaivable [rights]purportedly encompassed by the waiver 'are excluded from the scope of the waiver [and] theremainder of the waiver is valid and enforceable' " (People v Neal, 56 AD3d 1211, 1211 [2008], lv denied 12NY3d 761 [2009]; see Williams, 132 AD3d at 1291). Defendant's valid waiver of theright to appeal encompasses his challenge to County Court's suppression ruling (see People vKemp, 94 NY2d 831, 833 [1999]; Williams, 132 AD3d at 1291; Weinstock,129 AD3d at 1663). Present—Centra, J.P., Peradotto, Curran, Troutman and Scudder,JJ.