People v Canada
2013 NY Slip Op 08110 [112 AD3d 433]
December 5, 2013
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 29, 2014


The People of the State of New York, Respondent,
v
Milton Canada, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Frances A. Gallagher of counsel), for appellant.

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

Judgment, Supreme Court, New York County (Rena K. Uviller, J., at suppression hearing; A. Kirke Bartley, Jr., J., at plea and sentencing), rendered March 10, 2010, convicting defendant of criminal possession of a weapon in the third degree, and sentencing him to a term of five years' probation, unanimously affirmed.

Defendant made a valid waiver of his right to appeal (see People v Lopez, 6 NY3d 248, 256-257 [2006]), which forecloses review of his suppression claims. As an alternative holding (see People v Callahan, 80 NY2d 273, 285 [1992]), we reject defendant's claims on the merits. Concur—Tom, J.P., Friedman, Renwick, Feinman and Clark, JJ.