People v Leak
2012 NY Slip Op 00013 [91 AD3d 421]
January 3, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 29, 2012


The People of the State of New York, Respondent,
v
Daniel Leak, Appellant.

[*1] Steven Banks, The Legal Aid Society, New York (Jane Levitt of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Sheila L. Bautista of counsel), for respondent.

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered October 19, 2007, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and conspiracy in the second degree, and sentencing him to a prison term of five years, plus five years postrelease supervision on the possession count, and an indeterminate prison term of from two to six years on the conspiracy count, to run concurrently, unanimously affirmed.

Defendant's waiver of his right to appeal was effective. "Even if there were any ambiguity in the sentencing court's colloquy, defendant executed a detailed written waiver" (People v Ramos, 7 NY3d 737, 738 [2006]). The written waiver stated that defendant had the right to appeal and confirmed that defense counsel fully advised him of this right to take an appeal under the laws of the State of New York. The record, therefore, establishes that defendant knowingly, intelligently and voluntarily waived his right to appeal. In any event, defendant's sentence was not excessive. Concur—Gonzalez, P.J., Andrias, DeGrasse, Richter and Abdus-Salaam, JJ.