Opinion
2017–12901 Ind.No. 17–00305
09-25-2019
The PEOPLE, etc., Respondent, v. Jonathan VALENTIN, Appellant.
Scott M. Bishop, White Plains, NY, for appellant. Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (Christine DiSalvo and William C. Milaccio of counsel), for respondent.
Scott M. Bishop, White Plains, NY, for appellant.
Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (Christine DiSalvo and William C. Milaccio of counsel), for respondent.
CHERYL E. CHAMBERS, J.P., LEONARD B. AUSTIN, SHERI S. ROMAN, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that his plea of guilty was not knowing and voluntary because the County Court failed to advise him, at the time of his plea, that it would issue an order of protection in favor of the victims, is without merit (see People v. Deal, 115 A.D.3d 975, 976, 982 N.Y.S.2d 388 ; People v. Beckers, 94 A.D.3d 774, 941 N.Y.S.2d 515 ; People v. Margillo, 69 A.D.3d 655, 893 N.Y.S.2d 170 ; People v. Dixon, 16 A.D.3d 517, 792 N.Y.S.2d 110 ).
The defendant contends that his appeal waiver was invalid, and that the invalidity of the appeal waiver nullifies the entire plea agreement. Contrary to the defendant's contention, his appeal waiver was valid (see People v. Sanders, 25 N.Y.3d 337, 341–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Moye, 170 A.D.3d 1198, 95 N.Y.S.3d 535 ; People v. Ramos, 164 A.D.3d 922, 82 N.Y.S.3d 103 ; People v. Martinez, 155 A.D.3d 1063, 64 N.Y.S.3d 587 ). In any event, the invalidity of an appeal waiver does not automatically result in the vacatur of the underlying plea of guilty (see People v. Johnson, 140 A.D.3d 1188, 1189, 35 N.Y.S.3d 375 ; People v. Pelaez, 100 A.D.3d 803, 804, 954 N.Y.S.2d 554 ).
CHAMBERS, J.P., AUSTIN, ROMAN and IANNACCI, JJ., concur.