People v Gill
2004 NY Slip Op 03741 [7 AD3d 328]
May 11, 2004
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 28, 2004


The People of the State of New York, Respondent,
v
Rosheen Gill, Also Known as Sean Jones, Appellant.

[*1]

Judgment, Supreme Court, Bronx County (Edward Davidowitz, J., at suppression hearing; Joseph Fisch, J., at plea and sentence), rendered December 12, 2001, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Defendant's valid waiver of his right to appeal forecloses review of his suppression claim (People v Seaberg, 74 NY2d 1, 9-10 [1989]; People v Graham, 220 AD2d 215 [1995], lv denied 87 NY2d 1019 [1996]). In any event, were we to find that defendant did not make a valid waiver, we would reject his suppression arguments.

Since we are affirming defendant's New York County conviction, his argument that, in the event of a reversal of that conviction, the instant conviction should likewise be reversed has been rendered academic. Concur—Nardelli, J.P., Lerner, Friedman and Gonzalez, JJ.