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People v. Gonzalez

Appellate Division of the Supreme Court of New York, First Department
Nov 28, 2006
34 A.D.3d 358 (N.Y. App. Div. 2006)

Opinion

9640.

November 28, 2006.

Judgment, Supreme Court, Bronx County (John G. Ingram, J.), rendered December 9, 2004, convicting defendant, upon his plea of guilty, of burglary in the first degree, and sentencing him, as a second felony offender, to a term of eight years, unanimously affirmed.

Before: Buckley, P.J., Saxe, Williams, Sweeny and Malone, JJ.


Defendant made a valid waiver of his right to appeal ( see People v Lopez, 6 NY3d 248, 256; People v Moissett, 76 NY2d 909). The court elicited defendant's express waiver, and it did not conflate the right to appeal with the rights automatically forfeited by a guilty plea. This waiver forecloses review of defendant's suppression claims.


Summaries of

People v. Gonzalez

Appellate Division of the Supreme Court of New York, First Department
Nov 28, 2006
34 A.D.3d 358 (N.Y. App. Div. 2006)
Case details for

People v. Gonzalez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LIONEL GONZALEZ…

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

Date published: Nov 28, 2006

Citations

34 A.D.3d 358 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 8807
823 N.Y.S.2d 895