From Casetext: Smarter Legal Research

People v. Morales

Appellate Division of the Supreme Court of New York, First Department
Jan 5, 2006
25 A.D.3d 360 (N.Y. App. Div. 2006)

Opinion

7508.

January 5, 2006.

Judgment, Supreme Court, New York County (William A. Wetzel, J.), rendered June 7, 2004, convicting defendant, upon his plea of guilty, of two counts of criminal possession of a controlled substance in the second degree, and sentencing him to consecutive terms of 6½ years to life, unanimously affirmed.

Robert S. Dean, Center for Appellate Litigation, New York (Jonathan M. Kirshbaum of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Beth Fisch Cohen of counsel), for respondent.

Before: Andrias, J.P., Saxe, Nardelli and Catterson, JJ., concur.


The record establishes that defendant made a valid waiver of his right to appeal ( see People v. Moissett, 76 NY2d 909). Defendant not only signed a detailed written waiver of his appellate rights, but also received a thorough explanation of the waiver from the court during the plea allocution. Defendant's waiver forecloses review of his suppression and excessive sentence claims. In any event, were we to find that defendant did not make a valid appeal waiver, we would find these claims to be unavailing.


Summaries of

People v. Morales

Appellate Division of the Supreme Court of New York, First Department
Jan 5, 2006
25 A.D.3d 360 (N.Y. App. Div. 2006)
Case details for

People v. Morales

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICARDO MORALES…

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

Date published: Jan 5, 2006

Citations

25 A.D.3d 360 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 100
805 N.Y.S.2d 835