Opinion
2012-05-15
The PEOPLE of the State of New York, Respondent, v. Michael CAVINESS, Defendant–Appellant.
Richard M. Greenberg, Office of Appellate Defender, New York (Lauren Stephens–Davidowitz of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Vincent Rivellese of counsel), for respondent.
Richard M. Greenberg, Office of Appellate Defender, New York (Lauren Stephens–Davidowitz of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Vincent Rivellese of counsel), for respondent.
Judgment, Supreme Court, New York County (Bruce Allen, J. at suppression hearing; Michael R. Sonberg, J. at plea and sentencing), rendered June 1, 2010, convicting defendant of attempted criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony drug offender whose prior felony conviction was a violent felony, to a term of five years, unanimously affirmed.
Defendant made a valid waiver of his right to appeal. Defendant's written waiver, taken together with the oral colloquy in which defendant confirmed he understood he was giving up his right to appeal, established that the waiver was knowing, intelligent and voluntary ( see People v. Ramos, 7 N.Y.3d 737, 819 N.Y.S.2d 853, 853 N.E.2d 222 [2006]; compare *883 People v. Bradshaw, 18 N.Y.3d 257, 938 N.Y.S.2d 254, 961 N.E.2d 645 [2011] ).
Regardless of whether defendant made a valid waiver of his right to appeal, we find that defendant's argument concerning the suppression hearing is unavailing and that there is no basis for reducing the sentence.