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The People of the State of New York v. Lavon Giles

New York Supreme and/or Appellate Courts Appellate Division, First Department


October 23, 2012

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
LAVON GILES,
DEFENDANT-APPELLANT.

People v Giles

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.

Decided on October 23, 2012

Tom, J.P., Andrias, Saxe, DeGrasse, Manzanet-Daniels, JJ.

Judgment, Supreme Court, New York County (Michael J. Obus, J.), rendered January 3, 2008, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree and assault in the second degree, and sentencing him to an aggregate term of two years, unanimously affirmed.

Defendant made a valid waiver of his right to appeal (see People v Ramos, 7 NY3d 737 [2006]). The court's thorough colloquy with defendant was itself sufficient to establish the validity of the waiver. In addition, the colloquy was supplemented by a written waiver.

As an alternative holding (see People v Callahan, 80 NY2d 273, 285 [1992]), we reject defendant's challenges to the statutes relating to possession of gravity knives (see People v Herbin, 86 AD3d 446, 447-48 [1st Dept 2011], lv denied 17 NY3d 859 [2011]).

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

ENTERED: OCTOBER 23, 2012

CLERK

20121023

© 1992-2012 VersusLaw Inc.



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