Opinion
No. 5297.
February 19, 2009.
Judgment, Supreme Court, New York County (Lewis Bart Stone, J.), rendered September 12, 2006, convicting defendant, after a guilty plea, of burglary in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 16 years to life, unanimously affirmed.
Steven Banks, The Legal Aid Society, New York (Amy Donner of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Mary C. Farrington of counsel), for respondent.
Before: Tom, J.P., Moskowitz, Acosta and Freedman, JJ.
The record establishes that defendant made a valid waiver of his right to appeal, that the waiver encompassed his suppression claims ( see People v Kemp, 94 NY2d 831), and that it was otherwise enforceable ( see People v Holman, 89 NY2d 876). As an alternative holding, we also reject defendant's suppression claims on the merits.