Opinion
3464.
Decided April 22, 2004.
Judgment, Supreme Court, New York County (Renee White, J.), rendered October 30, 2001, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him, as a second felony offender, to a term of 6 years to life, unanimously affirmed.
Robert S. Dean, Center for Appellate Litigation, New York (Claudia S. Trupp of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Gregory H. Mansfield of counsel), for respondent.
Before: Andrias, J.P., Williams, Friedman, Marlow, Gonzalez, JJ.
The record establishes that, after consultation with counsel, defendant made a valid written waiver of his right to appeal ( see People v. Moissett, 76 N.Y.2d 909). Accordingly, review of defendant's suppression claim is foreclosed. Were we to find that defendant's waiver was invalid, we would find that the court properly denied defendant's suppression motion.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.