| People v Thomas |
| 2018 NY Slip Op 00753 [158 AD3d 1191] |
| February 2, 2018<> |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York,Respondent, v Andre D. Thomas, Appellant. |
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Timothy P. Murphy of counsel), fordefendant-appellant.
John J. Flynn, District Attorney, Buffalo (Daniel J. Punch of counsel), for respondent.
Appeal from a judgment of the Supreme Court, Erie County (Russell P. Buscaglia, A.J.),rendered November 30, 2015. The judgment convicted defendant, upon his plea of guilty, ofcriminal possession 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 his plea of guilty,of criminal 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 Bradshaw, 18NY3d 257, 264 [2011]; People vLopez, 6 NY3d 248, 256 [2006]). People v Brown (296 AD2d 860 [4th Dept2002], lv denied 98 NY2d 767 [2002]), relied on by defendant, is distinguishable. InBrown, we held that the plea court's "single reference to defendant's right toappeal [was] insufficient to establish that the court engage[d] the defendant in an adequatecolloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice"(id. at 860 [emphasis added and internal quotation marks omitted]). Here, in contrast,Supreme Court provided defendant with an extensive and detailed description of the proposedwaiver of the right to appeal before securing his consent thereto. Defendant's valid waiver of theright to appeal forecloses his suppression claim (see People v Kemp, 94 NY2d 831, 833[1999]; People v Scott, 144 AD3d1597, 1597-1598 [4th Dept 2016], lv denied 28 NY3d 1150 [2017]; People v Verse, 61 AD3d 1409,1409 [4th Dept 2009], lv denied 12 NY3d 930 [2009]). Present—Centra, J.P.,Peradotto, DeJoseph, NeMoyer and Curran, JJ.