People v. Umber
| Citation | 2 A.D.3d 1051,769 N.Y.S.2d 632,2003 NY Slip Op 19584 |
| Decision Date | 18 December 2003 |
| Docket Number | 13320. |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AARON UMBER, Appellant. |
| Court | New York Supreme Court Appellate Division |
The essential facts underlying the charges to which defendant pleaded guilty are recounted in our prior decision affirming the conviction of codefendant George Johnson (People v Johnson, 303 AD2d 903, 907-908 [2003], lv denied 100 NY2d 539 [2003]). Pursuant to his pleas, defendant executed written waivers of his right to appeal, testified for the prosecution at Johnson's trial and the sentencing of another accomplice, and was later sentenced to terms aggregating 40 years to life in prison. Two years later, defendant moved pursuant to CPL 440.10 and 440.20 to, among other things, vacate his sentence and be resentenced to a determinate prison term not exceeding 40 years. County Court denied defendant's motion, prompting his appeal from the judgment of conviction and the order denying his motion.
Defendant initially argues that his waiver of the right to appeal is void because the written waiver he executed specifically included issues, such as speedy trial and sentence legality, that the courts of New York have held to be unwaivable (see e.g. People v Muniz, 91 NY2d 570, 574 [1998]). We disagree. While it is correct that a waiver is not effective as to those issues, the remainder of the written waiver here is, nonetheless, effective and enforceable (see People v Cridelle, 283 AD2d 775, 775 [2001]). Further, since suppression rulings are waivable (see e.g. People v Kemp, 94 NY2d 831, 833 [1999]), we conclude that defendant waived his right to appeal County Court's denial of his preconviction motion to suppress statements made while in police custody.
Defendant also argues that his guilty...
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