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People v. Reid

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


February 19, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
ALVIN REID, DEFENDANT-APPELLANT.

Judgment, Supreme Court, New York County (Lewis Bart Stone, J.), rendered September 12, 2006, convicting defendant, after a guilty plea, of burglary in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 16 years to life, 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.

Tom, J.P., Moskowitz, Acosta, Freedman, JJ.

232/06

The record establishes that defendant made a valid waiver of his right to appeal, that the waiver encompassed his suppression claims (see People v Kemp, 94 NY2d 831 [1999]), and that it was otherwise enforceable (see People v Holman, 89 NY2d 876 [1996]). As an alternative holding, we also reject defendant's suppression claims on the merits.

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

20090219

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