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People v. Castillo

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 2008
49 A.D.3d 777 (N.Y. App. Div. 2008)

Opinion

No. 2006-05833.

March 18, 2008.

Appeal by the defendant from a judgment of the County Court, Nassau County (Brown, J.), rendered May 12, 2006, convicting him of attempted murder in the second degree and criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.

Joseph A. Hanshe, Sayville, N.Y. (Gerard E. Hanshe and Matthew Moisan of counsel), for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley of counsel; Jason R. Richards on the brief), for respondent.

Before: Rivera, J.P., Lifson, Florio and Chambers, JJ.


Ordered that the judgment is affirmed.

The defendant's valid waiver of his right to appeal forecloses appellate review of the defendant's arguments relating to the County Court's suppression determination ( see People v Kemp, 94 NY2d 831, 833; People v Williams, 36 NY2d 829, 830, cert denied 423 US 873).

Insofar as the defendant contends that, while in the course of translating into Spanish the statements made by the court during the course of the plea proceedings, the official court interpreter told him that he would be free to withdraw his plea at any time prior to sentence and for any reason, and to the extent that the defendant thus argues that the official court interpreter essentially led him to believe that the court had promised him something that the court, in fact, never promised, this argument is "unsupported by the existing record" ( People v Wen Quing Lu, 240 AD2d 197, 197).


Summaries of

People v. Castillo

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 2008
49 A.D.3d 777 (N.Y. App. Div. 2008)
Case details for

People v. Castillo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAUL CASTILLO…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 18, 2008

Citations

49 A.D.3d 777 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 2611
853 N.Y.S.2d 631

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