Opinion
429 Ind. No. 1061/17 Case No. 2019–1885
06-08-2023
The PEOPLE of the State of New York, Respondent, v. Robert HAMMOND, Defendant–Appellant.
Twyla Carter, The Legal Aid Society, New York (Katheryne M. Martone of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Peter Rienzi of counsel), for respondent.
Twyla Carter, The Legal Aid Society, New York (Katheryne M. Martone of counsel), for appellant.
Alvin L. Bragg, Jr., District Attorney, New York (Peter Rienzi of counsel), for respondent.
Webber, J.P., Gonza´lez, Rodriguez, Pitt–Burke, JJ.
Judgment, Supreme Court, New York County (Jill Konviser, J. at motion; Curtis J. Farber, J. at plea and sentencing), rendered December 20, 2018, convicting defendant of identity theft in the first degree, and sentencing him to a term of 90 days concurrent with five years’ probation, unanimously affirmed.
Defendant made a valid waiver of his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied 589 U.S. ––––, 140 S.Ct. 2634, 206 L.Ed.2d 512 [2020] ). The combination of the court's colloquy and the detailed written waiver that defendant signed after consultation with counsel satisfied the requirements of a valid waiver. This waiver forecloses review of defendant's claim that the motion court improperly denied certain branches of defendant's suppression motion without a hearing. In any event, we reject that claim on the merits. With regard to those branches of the motion, the record shows that there was no legal basis for suppression or any factual dispute requiring a hearing.