PEOPLE v. GIBSON

133 KA 14-00579.

2017 NY Slip Op 01081

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM D. GIBSON, JR., Defendant-Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.


Attorney(s) appearing for the Case

TIMOTHY P. DONAHER , PUBLIC DEFENDER, ROCHESTER ( JANE I. YOON OF COUNSEL), for Defendant-Appellant.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( SCOTT MYLES OF COUNSEL), for Respondent.

PRESENT: CENTRA, J.P., PERADOTTO, CURRAN, TROUTMAN, AND SCUDDER, JJ.


Appeal from a judgment of the Monroe County Court (James J. Piampiano, J.), rendered November 14, 2013. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him upon a guilty plea of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]). Contrary to defendant's contention, his waiver of the right to appeal is valid (see generally People v Lopez, 6 N.Y.3d 248, 256; People v Weinstock, 129 A.D.3d 1663, 1663, lv denied 26 N.Y.3d 1012). The "plea colloquy, together with the written waiver of the right to appeal, adequately apprised defendant that the right to appeal is separate and distinct from those rights automatically forfeited upon a plea of guilty'" (People v Williams, 132 A.D.3d 1291, 1291, lv denied 26 N.Y.3d 1151). We reject defendant's contention that the written waiver of appeal is unenforceable because it contained certain nonwaivable rights. "Any nonwaivable [rights] purportedly encompassed by the waiver are excluded from the scope of the waiver [and] the remainder of the waiver is valid and enforceable'" (People v Neal, 56 A.D.3d 1211, 1211, lv denied 12 N.Y.3d 761; see Williams, 132 AD3d at 1291). Defendant's valid waiver of the right to appeal encompasses his challenge to County Court's suppression ruling (see People v Kemp, 94 N.Y.2d 831, 833; Williams, 132 AD3d at 1291; Weinstock, 129 AD3d at 1663).


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