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State v. Cortes

Appellate Division of the Supreme Court of New York, First Department
Oct 25, 2007
44 A.D.3d 538 (N.Y. App. Div. 2007)

Opinion

No. 1812.

October 25, 2007.

Supreme Court, New York County (Micki A. Scherer, J.), rendered July 27, 2005, convicting defendant, upon his plea of guilty, of reckless endangerment in the first degree, and sentencing him to a term of five years' probation, unanimously affirmed.

Steven Banks, The Legal Aid Society, New York (Michael C. Taglieri of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Jung Park of counsel), for respondent.

Before: Mazzarelli, J.P., Marlow, Sullivan, Gonzalez and McGuire, JJ.


By pleading guilty, defendant forfeited his right to appellate review of the court's denial of his CPL 210.40 motion to dismiss the indictment in furtherance of justice ( People v Arvelo, 16 AD3d 128, lv denied 4 NY3d 883). Defendant's valid waiver of the right to appeal also forecloses review of this argument ( see People v Seaberg, 74 NY2d 1, 9-10). Were we to find that this claim survives defendant's guilty plea and his waiver of the right to appeal, we would conclude that the court properly denied the motion.


Summaries of

State v. Cortes

Appellate Division of the Supreme Court of New York, First Department
Oct 25, 2007
44 A.D.3d 538 (N.Y. App. Div. 2007)
Case details for

State v. Cortes

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent v. MIGUEL CORTES, Appellant

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

Date published: Oct 25, 2007

Citations

44 A.D.3d 538 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 7994
843 N.Y.S.2d 507

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