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People v. Garcia

Supreme Court of New York, First Department

February 27, 2014

The People of the State of New York, Respondent,
v.
Albert Garcia, Defendant-Appellant.

Steven Banks, The Legal Aid Society, New York (Allen Fallek of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Patricia Curran of counsel), for respondent.

Mazzarelli, J.P., Acosta, Renwick, Freedman, Manzanet-Daniels, JJ.

Judgment, Supreme Court, New York County (Lewis Bart Stone, J. at suppression hearing; Bonnie Wittner, J. at plea and sentencing), rendered September 7, 2011, as amended September 14, 2011, convicting defendant of attempted criminal possession of a weapon in the second degree, and sentencing him to a term of 2½ years, unanimously affirmed.

Defendant made a valid waiver of his right to appeal. Defendant's written waiver, taken together with the oral colloquy in which defendant confirmed he understood he was giving up his right to appeal, established that the waiver was knowing, intelligent and voluntary (see People v Ramos, 7 N.Y.3d 737 [2006]; compare People v Bradshaw, 18 N.Y.3d 257 [2011]).

Regardless of whether defendant made a valid waiver of his right to appeal, we find that his suppression motion was properly denied. Based on the totality of information in their possession, the police had probable cause to arrest defendant and conduct a lawful automobile search (see e.g People v Wine, 89 A.D.3d 465 [1st Dept 2011], lv denied 18 N.Y.3d 887 [2012]).


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