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People v. Sears

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 23, 2008

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
JARELL SEARS, DEFENDANT-APPELLANT.

Judgment, Supreme Court, New York County (James A. Yates, J. at suppression hearing; Lewis Bart Stone, J. at plea and sentence), rendered July 11, 2007, convicting defendant of gang assault in the first degree, and sentencing him to a term of 8 years, unanimously affirmed.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Friedman, J.P., Sweeny, McGuire, Renwick, Freedman, JJ.

3043/06

The record establishes that defendant made a valid general waiver of his right to appeal that encompassed his suppression claims (see People v Kemp, 94 NY2d 831 [1999]). Defendant signed a written waiver in which he agreed to waive appellate review of all possible issues, except for a list of four constitutional issues corresponding to the issues deemed non-waivable in People v Seaberg (74 NY2d 1 [1989]). At the plea proceeding, defense counsel informed the court that he had explained the written waiver to his client, and defendant acknowledged that he understood it. Under these circumstances, we conclude that the insertion of language in the document highlighting the fact that the waiver would include any excessive sentence claim did not create any ambiguity as to whether the waiver also included suppression claims.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20081223

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