| People v Vintimilla |
| 2020 NY Slip Op 05295 [187 AD3d 413] |
| October 1, 2020 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Franklin Vintimilla, Appellant. |
Robert S. Dean, Center for Appellate Litigation, New York (Brittany N. Francis of counsel), for appellant.
Cyrus R. Vance Jr., District Attorney, New York (Eric Del Pozo of counsel), for respondent.
Judgment, Supreme Court, New York County (Ellen N. Biben, J.), rendered September 6,
2016, convicting defendant, upon his plea of guilty, of criminal possession of a controlled
substance in the second degree, and sentencing him to a term of 4
Defendant made a valid waiver of his right to appeal. The court's oral colloquy, taken together with a detailed written waiver fully explaining the appellate rights defendant was giving up, established that the waiver was knowing, intelligent and voluntary (see People v Thomas, 34 NY3d 545, 560 [2019], cert denied 589 US —, 206 L Ed 2d 512 [2020]; People v Bryant, 28 NY3d 1094, 1096 [2016]). The court established that defendant received sufficient time to discuss the waiver with counsel. This waiver forecloses review of defendant's suppression and excessive sentence claims.
Regardless of whether defendant made a valid appeal waiver, we find, based on our review of confidential materials, that there was probable cause for the issuance of a search warrant. We also perceive no basis for reducing the sentence. Concur—Gische, J.P., Oing, Singh, Mendez, JJ.