Opinion
11-29-2016
The PEOPLE of the State of New York, Respondent, v. Malachi ALEXIS, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Barbara Zolot of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (John T. Hughes of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Barbara Zolot of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (John T. Hughes of counsel), for respondent.
Judgment, Supreme Court, New York County (Arlene D. Goldberg, J. at suppression hearing; Michael J. Obus, J. at plea and sentence), rendered October 29, 2013, convicting defendant of murder in the second degree, and sentencing him to a term of 19 years to life, unanimously affirmed.The court's oral colloquy with defendant, viewed in conjunction with a written waiver, establishes a valid waiver of defendant's right to appeal (see People v. Sanders, 25 N.Y.3d 337, 341, 12 N.Y.S.3d 593, 34 N.E.3d 344 [2015] ; People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ). This waiver forecloses review of defendant's suppression and excessive sentence claims.
Regardless of whether defendant validly waived his right to appeal, we find that the court properly denied his suppression motion, because the record establishes the lawfulness of an automobile stop and accompanying police conduct, as well as the voluntariness of defendant's statement. We also perceive no basis for reducing the sentence.
MAZZARELLI, J.P., RENWICK, RICHTER, MANZANET–DANIELS, FEINMAN, JJ., concur.