Opinion
10820 Ind. 2094/16
01-21-2020
The PEOPLE of the State of New York, Respondent, v. Derrick LENNON, Defendant–Appellant.
Janet E. Sabel, The Legal Aid Society, New York (Ying–Ying Ma of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Emily Anne Aldridge of counsel), for respondent.
Janet E. Sabel, The Legal Aid Society, New York (Ying–Ying Ma of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Emily Anne Aldridge of counsel), for respondent.
Manzanet–Daniels, J.P., Gesmer, Oing, Moulton, Gonza´lez, JJ.
Judgment, Supreme Court, Bronx County (Raymond L. Bruce, J.) rendered March 9, 2017, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to a term of three years, unanimously affirmed.
The court's oral colloquy, taken together with a detailed written waiver, which defendant signed after consulting with counsel, established a valid waiver of defendant's right to appeal (see People v. Bryant , 28 N.Y.3d 1094, 1096, 45 N.Y.S.3d 335, 68 N.E.3d 60 [2016] ; see also People v. Thomas , ––– N.Y.3d ––––, ––– N.Y.S.3d ––––, ––– N.E.3d ––––, 2019 WL 6312521, 2019 N.Y. Slip Op. 08545 [2019] ). The waiver forecloses review of defendant's claims relating to presentencing procedure (see People v. Davis , 145 A.D.3d 623, 42 N.Y.S.3d 823 [1st Dept. 2016], lv denied 28 N.Y.3d 1183, 52 N.Y.S.3d 709, 75 N.E.3d 101 [2017] ).
Regardless of the validity of defendant's waiver of the right to appeal, or whether it forecloses defendant's claims, we find that the court properly found that defendant had violated the terms of his plea agreement, thereby forfeiting the opportunity for a misdemeanor disposition, and that none of defendant's remaining claims warrant a remand for resentencing or other relief.