Opinion
04-16-2024
The PEOPLE of the State of New York, Respondent, v. Joseph PARKER, Defendant-Appellant.
Twyla Carter, The Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Reva Grace Phillips of counsel), for respondent.
Twyla Carter, The Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Reva Grace Phillips of counsel), for respondent.
Kern, J.P., Singh, Scarpulla, Mendez, Higgitt, JJ.
Judgment, Supreme Court, Bronx County (Jeanette Rodriguez–Morick., J., at suppression hearing; Armando Montano, J., at plea and sentencing), rendered March 12, 2018, convicting defendant of attempted criminal possession of a weapon in the second degree, and sentencing him to a term of two years, unanimously affirmed.
Defendant made a valid waiver of his right to appeal (see generally 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 court’s oral colloquy, combined with the written waiver that defendant signed in court after consulting with counsel, satisfied the requirements of a valid waiver. Any suggestion by the court that the waiver constituted an absolute bar to the taking of a direct appeal was cured by the detailed written waiver, which clarified that appellate review remained available for certain issues (see People v. Ra- mos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222 [2006]; People v. Walker, 206 A.D.3d 541, 168 N.Y.S.3d 820 [1st Dept. 2022], lv denied 38 N.Y.3d 1191, 176 N.Y.S.3d 221, 197 N.E.3d 501 [2022]). The waiver forecloses review of defendant’s suppression claim.