People v. Cardona
| Decision Date | 20 May 2008 |
| Docket Number | 2005-06906. |
| Citation | 2008 NY Slip Op 04717,856 N.Y.S.2d 888,51 A.D.3d 941 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GILBERTO CARDONA, Also Known as JOHN CARDON, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the judgment is affirmed.
The record establishes that the defendant's written and oral waivers, at his plea and sentencing, of his right to appeal, were intelligently, knowingly, and voluntarily made (see People v Ramos, 7 NY3d 737, 738 [2006]; People v Lopez, 6 NY3d 248, 256-257 [2006]; People v Ortiz, 49 AD3d 279 [2008]; People v Higgs, 37 AD3d 736 [2007]; People v Ciatto, 290 AD2d 560, 560-561 [2002]). The defendant's valid waiver of his right to appeal forecloses appellate review of his challenges to the Supreme Court's suppression determination (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Castillo, 49 AD3d 777 [2008]; People v Morgan, 44 AD3d 797 [2007]; People v Higgs, 37 AD3d 736 [2007]; People v Ciatto, 290 AD2d 560, 562 [2002]).
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