Opinion
No. 1590.
December 1, 2009.
Judgment, Supreme Court, Bronx County (Troy K. Webber, J., at motions; Seth Marvin, J., at plea and sentence), rendered September 28, 2006, convicting defendant, upon his plea of guilty, of attempted promoting prison contraband in the first degree, and sentencing him, as a second felony offender, to a term of 1½ to 3 years, unanimously affirmed.
Steven Banks, The Legal Aid Society, New York (David Crow of counsel), and Paul, Weiss, Rifkind, Wharton Garrison LLP, New York (Elizabeth Gallagher McCabe of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Dana Levin Gosnell of counsel), for respondent.
Before: Tom, J.P., Sweeny, Moskowitz, Acosta and Abdus-Salaam, JJ.
Defendant made a valid waiver of his right to appeal, which forecloses his suppression claim. The court did not conflate the right to appeal with the rights automatically forfeited by pleading guilty, but separately explained that the waiver of the right to appeal was in consideration for the plea ( see People v Lopez, 6 NY3d 248). As an alternative holding, we also reject defendant's suppression claim on the merits.