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People v. Jackson

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


March 31, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
ANDRE JACKSON, DEFENDANT-APPELLANT.

Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered October 17, 2005, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him to a term of 7 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.

Gonzalez, P.J., Tom, Sweeny, Catterson, Renwick, JJ.

3988/04

Defendant made a valid and enforceable waiver of the right to appeal (see People v Lopez, 6 NY3d 248, 256-257 [2006]). Defendant had extensive discussions with counsel prior to the plea (see People v Moissett, 76 NY2d 909 [1990]), and the court did not conflate the right to appeal with the rights automatically waived by pleading guilty. This valid waiver forecloses review of defendant's suppression and excessive sentence claims. As an alternative holding (see People v Callahan, 80 NY2d 273, 285 [1992]), we reject those claims on the merits.

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

20090331

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