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People v. Alvarez

Appellate Division of the Supreme Court of New York, Second Department
Dec 9, 2008
57 A.D.3d 688 (N.Y. App. Div. 2008)

Opinion

No. 2007-03495.

December 9, 2008.

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Calabrese, J.), rendered January 26, 2007, convicting him of assault in the second degree, upon a jury verdict, and attempted murder in the second degree and assault in the first degree, upon his plea of guilty, and imposing sentence.

Mark Diamond, New York, N.Y., for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Douglas Noll of counsel), for respondent.

Before: Mastro, J.P., Florio, Eng and Chambers, JJ. concur.


Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, the record demonstrates that his written and oral waivers of his right to appeal were intelligently, knowingly, and voluntarily made ( see People v Ramos, 7 NY3d 737, 738; People v Luster, 45 AD3d 866, 867; People v Silent, 37 AD3d 625, 625). Consequently, the defendant's valid waiver of his right to appeal forecloses appellate review of his challenges to the procedures employed by the sentencing court in its determination regarding restitution ( see People v Callahan, 80 NY2d 273, 280-281; People v Chatmon, 46 AD3d 833, 833-834; People v Caba, 238 AD2d 603).

The defendant's remaining contention is without merit.


Summaries of

People v. Alvarez

Appellate Division of the Supreme Court of New York, Second Department
Dec 9, 2008
57 A.D.3d 688 (N.Y. App. Div. 2008)
Case details for

People v. Alvarez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS ALVAREZ…

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

Date published: Dec 9, 2008

Citations

57 A.D.3d 688 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 9810
868 N.Y.S.2d 542

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