People v Davila
2016 NY Slip Op 02170 [137 AD3d 655]
March 24, 2016
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 27, 2016


[*1]
 The People of the State of New York, Respondent,
v
Luis Davila, Appellant.

Richard M. Greenberg, Office of the Appellate Defender, New York (Jahaan Shaheed of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Marianne Stracquadanio of counsel), respondent.

Judgment, Supreme Court, Bronx County (Analisa Torres, J., at suppression hearing; Sharon A.H. Aarons, J., at plea and sentence), rendered July 18, 2011, as amended August 2, 2011, convicting defendant of criminal possession of a weapon in the second degree, and sentencing him to a term of 51/2 years, unanimously affirmed.

Defendant made a valid waiver of his right to appeal, which forecloses review of his suppression claim (People v Lopez, 6 NY3d 248, 256-257 [2006]). The court's colloquy "was sufficient because the right to appeal was adequately described without lumping it into the panoply of rights normally forfeited upon a guilty plea" (People v Sanders, 25 NY3d 337, 341 [2015]). Moreover, defendant signed a written waiver that he had first discussed with counsel. As an alternative holding, we find that the court properly denied defendant's suppression motion. Concur—Mazzarelli, J.P., Manzanet-Daniels, Kapnick and Webber, JJ.