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People v. Santos

Supreme Court, Appellate Division, First Department, New York.
Jun 14, 2016
140 A.D.3d 499 (N.Y. App. Div. 2016)

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.


Summaries of

People v. Santos

Supreme Court, Appellate Division, First Department, New York.
Jun 14, 2016
140 A.D.3d 499 (N.Y. App. Div. 2016)
Case details for

People v. Santos

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Mariolis SANTOS…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Jun 14, 2016

Citations

140 A.D.3d 499 (N.Y. App. Div. 2016)
32 N.Y.S.3d 487
2016 N.Y. Slip Op. 4669

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