Opinion
2011-12-13
The PEOPLE, etc., respondent, v. Giovanni AVELAR, appellant.
Greenwald Law Offices, Chester, N.Y. (Gary Greenwald of counsel), for appellant. Francis D. Phillips II, District Attorney, Goshen, N.Y. (Andrew R. Kass of counsel), for respondent.
Greenwald Law Offices, Chester, N.Y. (Gary Greenwald of counsel), for appellant. Francis D. Phillips II, District Attorney, Goshen, N.Y. (Andrew R. Kass of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Orange County (De Rosa, J.), rendered March 29, 2011, convicting him of attempted criminal sexual act in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's valid waiver of his right to appeal forecloses appellate review of the denial of that branch of his motion which was to dismiss the charge against him in furtherance of justice, in effect, pursuant to CPL 210.40 ( see People v. Cortes, 44 A.D.3d 538, 538, 843 N.Y.S.2d 507).
The defendant's remaining contentions are also barred by the defendant's valid waiver of his right to appeal.