People v Groome
2020 NY Slip Op 01385 [180 AD3d 613]
February 27, 2020
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 1, 2020


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

Robert S. Dean, Center for Appellate Litigation, New York (Emilia King-Musza of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Joshua P. Weiss of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Albert Lorenzo, J.), rendered September 12, 2018, convicting defendant, upon his plea of guilty, of criminal possession of a firearm, and sentencing him to a term of 9 months, unanimously affirmed.

Defendant made a valid waiver of his right to appeal. The court's oral colloquy, taken together with the written waiver, which defendant discussed with counsel, signed in open court and acknowledged understanding, established that the waiver was knowing, intelligent and voluntary (see People v Bryant, 28 NY3d 1094, 1096 [2016]; see also People v Thomas, 34 NY3d 545 [2019]).

Regardless of the validity of defendant's waiver of his right to appeal, we find that the court properly denied his motion to controvert a search warrant, and that there was no basis for a hearing. Concur—Manzanet-Daniels, J.P., Kapnick, Gesmer, Oing, JJ.