People v Johnson, 2023 NY Slip Op 00827 [213 AD3d 505]

February 14, 2023

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Terrence Johnson, Also Known as Terrance Johnson, Appellant.

Twyla Carter, The Legal Aid Society, New York (Nicolas Schumann-Ortega of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Stephanie L. Nelson of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Harold Adler, J., at suppression hearing; Robert E. Torres, J., at plea; Robert A. Neary, J., at sentencing), rendered November 9, 2018, convicting defendant of attempted 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 ( see People v Thomas , 34 NY3d 545 [2019], cert denied 589 US —, 140 S Ct 2634 [2020]). The court’s oral colloquy avoided conflating the right to appeal with the rights normally forfeited upon a guilty plea ( see People v Lopez , 6 NY3d 248 , 256 [2006]). 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 suppression claim. Concur—Kern, J.P., Oing, Gesmer, Scarpulla, Rodriguez, JJ..