Opinion
2016–11559
10-02-2019
The PEOPLE, etc., Respondent, v. Martin CHAVEZ, Appellant. (S.C.I. No. 1796/16)
Paul Skip Laisure, New York, N.Y. (David L. Goodwin of counsel), for appellant. John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and William H. Branigan of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (David L. Goodwin of counsel), for appellant.
John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and William H. Branigan of counsel), for respondent.
REINALDO E. RIVERA, J.P., SYLVIA O. HINDS–RADIX, HECTOR D. LASALLE, ANGELA G. IANNACCI, JJ.
DECISION & ORDER Appeal by the defendant from a judgment of the Supreme Court, Queens County (John F. Zoll, J., at plea; Dorothy Chin Brandt, J., at sentence), rendered September 19, 2016, convicting him of criminal possession of a firearm, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Ramos , 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222 ; People v. Lopez , 6 N.Y.3d 248, 254, 257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Brown , 169 A.D.3d 817, 818, 92 N.Y.S.3d 661 ; People v. Jiminez , 164 A.D.3d 914, 79 N.Y.S.3d 924 ).
The defendant's valid waiver of his right to appeal precludes appellate review of his contentions that charging him with and convicting him of criminal possession of a firearm, a felony (see Penal Law § 265.01–b[1] ), rather than criminal possession of a weapon in the fourth degree, a misdemeanor (see Penal Law § 265.01[1] ), deprived him of his rights to due process of law and equal protection of the laws, and violated the rule of lenity (see People v. Lopez , 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).
RIVERA, J.P., HINDS–RADIX, LASALLE and IANNACCI, JJ., concur.