Opinion
5857 Ind. 4840/13
03-01-2018
The PEOPLE of the State of New York, Respondent, v. Winnis BRITO, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Anokhi A. Shah of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Megan DeMarco of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Anokhi A. Shah of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Megan DeMarco of counsel), for respondent.
Acosta, P.J., Friedman, Richter, Kapnick, JJ.
Judgment, Supreme Court, New York County (Ruth Pickholz, J. at suppression hearing; Michael J. Obus, J. at plea and sentencing), rendered December 4, 2014, convicting defendant of criminal possession of a weapon in the second degree and sentencing him to a term of four years, unanimously affirmed.
Defendant made a valid waiver of his right to appeal, which forecloses his suppression and sentencing claims. The plea court's oral colloquy with defendant concerning the waiver, which avoided conflating the right to appeal with the rights normally forfeited upon a guilty plea, met or exceeded the minimum standards for such a colloquy (see People v. Bryant, 28 N.Y.3d 1094, 45 N.Y.S.3d 335, 68 N.E.3d 60 [2016] ). Furthermore, after consulting with counsel, defendant also signed a written waiver that supplemented the oral waiver.
Regardless of whether defendant made a valid waiver of his right to appeal, we reject his suppression and sentencing claims. The police conducted a lawful protective sweep of an apartment while executing a bench warrant for another person, and frisked defendant based on reasonable suspicion. The record fails to support defendant's claim that the sentencing court misunderstood the lawful scope of sentencing, and we perceive no basis for reducing the sentence.