Opinion
6636 Ind. 2342/13
05-22-2018
The PEOPLE of the State of New York, Respondent, v. Moises MARTINEZ, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (John Vang of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Paul A. Andersen of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (John Vang of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Paul A. Andersen of counsel), for respondent.
Sweeny, J.P., Webber, Gesmer, Singh, Moulton, JJ.
Judgment, Supreme Court, Bronx County (Peter J. Benitez, J. at suppression hearing; Alvin M. Yearwood, J. at plea and sentencing), rendered July 7, 2016, convicting defendant of manslaughter in the first degree, and sentencing him to a term of 20 years, unanimously affirmed.
Defendant made a valid waiver of his right to appeal. The oral colloquy, which avoided conflating the right to appeal with the rights forfeited by pleading guilty, met the minimum standards for such a colloquy (see People v. Bryant, 28 N.Y.3d 1094, 45 N.Y.S.3d 335, 68 N.E.3d 60 [2016] ). Defendant also signed a written waiver, and the court confirmed that defendant understood the document and had discussed it with counsel.
The valid waiver forecloses review of defendant's suppression and excessive sentence claims. Regardless of whether defendant made a valid waiver of his right to appeal, we find that the hearing court properly denied defendant's suppression motion, and we perceive no basis for reducing the sentence.