| People v Armstead |
| 2022 NY Slip Op 02515 [204 AD3d 521] |
| April 19, 2022 |
| 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 Shavaughn Armstead, Appellant. |
Janet E. Sabel, The Legal Aid Society, New York (Laura Boyd of counsel), for appellant.
Alvin L. Bragg, Jr., District Attorney, New York (Molly Morgan of counsel), for respondent.
Judgment, Supreme Court, New York County (Ronald A. Zweibel, J., at suppression motion;
Mark Dwyer, J., at plea and sentencing), rendered March 8, 2019, convicting defendant of
criminal possession of a weapon in the second degree, and sentencing her to a term of
3
Defendant made a valid waiver of her right to appeal (see People v Thomas, 34 NY3d 545 [2019], cert denied 589 US &mdash, 140 S Ct 2634 [2020]; People v Bryant, 28 NY3d 1094, 1096 [2016]). "The oral colloquy, taken together with a detailed written waiver, sufficiently explained that the waiver was comprehensive, and the explanation was not misleading" (People v Daniels, 198 AD3d 578, 578 [1st Dept 2021], lv denied 37 NY3d 1160 [2022] [citation omitted]). Defendant confirmed on the record that she understood the waiver, and had discussed it with her attorney (see Thomas, 34 NY3d at 560). The waiver forecloses review of defendant's suppression claim. Concur—Gische, J.P., Webber, Scarpulla, Rodriguez, Higgitt, JJ.