People v. Nunez

Jan 10, 2006
Versions:25 A.D.3d 376
806 N.Y.S.2d 870

Judgment, Supreme Court, Bronx County (Caesar D. Cirigliano, J.), rendered May 11, 2001, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him to a term of 10 years, unanimously affirmed.

Defendant‘s guilty plea was knowing, intelligent and voluntary. The court‘s response during the plea allocution to a question from defendant about deportation consequences was not inconsistent with the pertinent provisions of the Immigration and Nationality Act (8 USC § 1226 [c]; § 1227 [a] [2] [A] [iii]). Similarly, counsel was not ineffective for failing to address the court‘s purported misstatement (compare People v McDonald, 1 NY3d 109 [2003]).

Defendant‘s valid waiver of his right to appeal forecloses review of the court‘s suppression ruling. Were we to find that defendant did not make a valid waiver of his right to appeal, we would reject his suppression argument. Concur—Mazzarelli, J.P., Friedman, Williams, Gonzalez and Sweeny, JJ.