Opinion
2012-07077
11-12-2014
The PEOPLE, etc., respondent, v. Luis E. SANCHEZ, appellant.
Robert C. Mitchell, Riverhead, N.Y. (Kirk R. Brandt of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marion M. Tang of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (Kirk R. Brandt of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marion M. Tang of counsel), for respondent.
CHERYL E. CHAMBERS, J.P., SANDRA L. SGROI, ROBERT J. MILLER, and BETSY BARROS, JJ.
Opinion Appeal by the defendant from a judgment of the County Court, Suffolk County (Cohen, J.), rendered June 29, 2012, as amended December 6, 2012, convicting him of manslaughter in the second degree, vehicular assault in the second degree, driving while ability impaired by drugs, reckless driving, and speeding, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment, as amended, is affirmed.
The defendant's waiver of his right to appeal was knowingly, voluntarily, and intelligently made. “[W]here [as here] the plea allocution demonstrates a knowing, voluntary and intelligent waiver of the right to appeal, intended comprehensively to cover all aspects of the case, and no constitutional or statutory mandate or public policy concern prohibits its acceptance, the waiver will be upheld completely” (People v. Muniz, 91 N.Y.2d 570, 575, 673 N.Y.S.2d 358, 696 N.E.2d 182 ; see People v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754 ). “The defendant's valid waiver of his right to appeal forecloses appellate review of his challenge to the hearing court's suppression determination” (People v. Kidd, 100 A.D.3d 779, 779, 953 N.Y.S.2d 863 ; see People v. Sanders, 112 A.D.3d 748, 750, 976 N.Y.S.2d 205, lv. granted 22 N.Y.3d 1160, 984 N.Y.S.2d 644, 7 N.E.3d 1132 ). Moreover, where, as here, the defendant failed to comply with the conditions attached to the plea agreement, “appellate review of his contention that his enhanced sentence is excessive is precluded by the appeal waiver” (People v. Duryea, 116 A.D.3d 709, 710, 983 N.Y.S.2d 99 ; see People v. Lococo, 92 N.Y.2d 825, 827, 677 N.Y.S.2d 57, 699 N.E.2d 416 ; People v. Smith, 102 A.D.3d 896, 897, 958 N.Y.S.2d 204 ; People v. Bullock, 54 A.D.3d 959, 863 N.Y.S.2d 605 ; People v. Ruiz, 48 A.D.3d 834, 851 N.Y.S.2d 362 ).