People v. Pena

May 25, 2010
Versions:73 A.D.3d 1216
900 N.Y.S.2d 913

Ordered that the judgment is affirmed.

The defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Ramos, 7 NY3d 737 [2006]; People v Lopez, 6 NY3d 248 [2006]; People v Seaberg, 74 NY2d 1, 11 [1989]). The defendant‘s valid waiver of his right to appeal forecloses appellate review of his challenge to the Supreme Court‘s suppression determination (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Rossetti, 55 AD3d 637, 638 [2008]; People v DeAngelo, 40 AD3d 656 [2007]; People v Munford, 37 AD3d 855 [2007]; People v Smith, 35 AD3d 769 [2006]; People v Peoples, 34 AD3d 503 [2006]; People v Campbell, 24 AD3d 463 [2005]). Moreover, under the totality of the circumstances presented in this record, we cannot say that the defendant was deprived of the effective assistance of counsel (see People v Baldi, 54 NY2d 137, 147 [1981]). Mastro, J.P., Santucci, Chambers and Roman, JJ., concur.