People v Roman, 2011 NY Slip Op 01600 [82 AD3d 445]

March 3, 2011

Appellate Division, First Department

— [*1]

Richard M. Greenberg, Office of the Appellate Defender, New York (Joseph M. Nursey of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Mary C. Farrington of counsel), for respondent.

Judgment, Supreme Court, New York County (Laura A. Ward, J. at hearing; Lewis Bart Stone, J. at plea and sentence), rendered May 22, 2009, convicting defendant of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to a term of 3½ years, unanimously affirmed.

Defendant made a valid waiver of his right to appeal ( see People v Lopez , 6 NY3d 248 [2006]). The court did not conflate the right to appeal with the rights automatically forfeited by pleading guilty. Instead, in a separate part of the allocution, it explained that, in return for the negotiated disposition, defendant was additionally agreeing to waive his right to appeal, and defendant accepted that condition. Furthermore, defendant also signed a valid written waiver, in which he acknowledged, among other things, that he had discussed the waiver with counsel. This waiver forecloses defendant’s suppression claim. Concur—Mazzarelli, J.P., Acosta, DeGrasse, Richter, Manzanet-Daniels, JJ..