People v Giles
2012 NY Slip Op 07076 [99 AD3d 610]
October 23, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 28, 2012


The People of the State of New York, Respondent,
v
Lavon Giles, Appellant.

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

Cyrus R. Vance, Jr., District Attorney, New York (Frank Glaser of counsel), for respondent.

Judgment, Supreme Court, New York County (Michael J. Obus, J.), rendered January 3, 2008, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree and assault in the second degree, and sentencing him to an aggregate term of two years, unanimously affirmed.

Defendant made a valid waiver of his right to appeal (see People v Ramos, 7 NY3d 737 [2006]). The court's thorough colloquy with defendant was itself sufficient to establish the validity of the waiver. In addition, the colloquy was supplemented by a written waiver.

As an alternative holding (see People v Callahan, 80 NY2d 273, 285 [1992]), we reject defendant's challenges to the statutes relating to possession of gravity knives (see People v Herbin, 86 AD3d 446, 446-447 [1st Dept 2011], lv denied 17 NY3d 859 [2011]). Concur—Tom, J.P., Andrias, Saxe, DeGrasse and Manzanet-Daniels, JJ.