Opinion
2021-05830 Ind. 505/15
10-26-2021
The People of the State of New York, Respondent, v. Roy Daniels, Defendant-Appellant. Appeal No. 14464 Case No. 2017-248
Janet E. Sabel, The Legal Aid Society, New York (Whitney Elliott of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Karl Z. Deuble of counsel), for respondent.
Janet E. Sabel, The Legal Aid Society, New York (Whitney Elliott of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Karl Z. Deuble of counsel), for respondent.
Before: Kern, J.P., Oing, Singh, Mendez, Higgitt, JJ.
Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered February 25, 2016, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree, and sentencing him, as a second felony offender, to a term of five years, unanimously affirmed.
Defendant made a valid waiver of his right to appeal, which forecloses review of his suppression claims (see People v Thomas, 34 N.Y.3d 545 [2019], cert denied 589 U.S. -, 140 S.Ct. 2634 [2020]; People v Bryant, 28 N.Y.3d 1094, 1096 [2016]). The plea court separated the right to appeal from the trial rights waived by a guilty plea. The oral colloquy, taken together with a detailed written waiver, sufficiently explained that the waiver was comprehensive (see People v Kemp, 94 N.Y.2d 831, 833 [1999]), and the explanation was not misleading. Defendant also confirmed on the record that he had discussed the waiver with his attorney (see Thomas, 34 N.Y.3d at 560).
Regardless of whether defendant made a valid waiver of his right to appeal, we find that the court correctly concluded that the search of defendant's backpack contemporaneously with his arrest was justified by exigent circumstances (see People v Velez, 154 A.D.3d 527 [1st Dept 2017], lv denied 30 N.Y.3d 1109 [2018]).