Opinion
06-14-2016
The PEOPLE of the State of New York, Respondent, v. Mariolis SANTOS, Defendant–Appellant.
Richard M. Greenberg, Office of the Appellate Defender, New York (Alejandro B. Fernandez of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Oliver McDonald of counsel), for respondent.
Richard M. Greenberg, Office of the Appellate Defender, New York (Alejandro B. Fernandez of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Oliver McDonald of counsel), for respondent.
Opinion
Judgment, Supreme Court, New York County (Patricia M. Nunez, J. at suppression motion; Anthony J. Ferrara, J. at plea; Ellen Coin, J. at sentencing), rendered July 20, 2010, convicting defendant of criminal sale of a controlled substance in the fifth degree, and sentencing him to a term of 1 year, unanimously affirmed.
Defendant had the practical ability to withdraw his plea before sentencing, and his challenges to the validity of his plea do not come within the narrow exception to the preservation requirement (see People v. Conceicao, 26 N.Y.3d 375, 381–382, 23 N.Y.S.3d 124, 44 N.E.3d 199 [2015] ). We decline to review these unpreserved claims in the interest of justice. As an alternative holding, we find that the plea was knowing, intelligent, and voluntary, including with regard to defendant's awareness of immigration consequences (see People v. Pellegrino, 26 N.Y.3d 1063, 23 N.Y.S.3d 145, 44 N.E.3d 220 [2015] ; People v. Sougou, 26 N.Y.3d 1052, 23 N.Y.S.3d 121, 44 N.E.3d 196 [2015] ; People v. Brazil, 123 A.D.3d 466, 467, 998 N.Y.S.2d 181 [1st Dept.2014], lv. denied 25 N.Y.3d 1198, 16 N.Y.S.3d 521, 37 N.E.3d 1164 [2015] ). We also find that defendant made a valid general waiver of his right to appeal (see People v. Sanders, 25 N.Y.3d 337, 340–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 [2015] ; People v. Lopez, 6 N.Y.3d 248, 257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ), which encompasses his claim that the court should have granted his motion for a suppression hearing (see People v. Sears, 57 A.D.3d 396, 870 N.Y.S.2d 16 [1st Dept.2008], lv. denied 12 N.Y.3d 787, 879 N.Y.S.2d 64, 906 N.E.2d 1098 [2009] ).
FRIEDMAN, J.P., SWEENY, WEBBER, GESMER, JJ., concur.