People v. Lopez
| Citation | 2014 N.Y. Slip Op. 04532,987 N.Y.S.2d 266,118 A.D.3d 1190 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Jorge LOPEZ, Appellant. |
| Decision Date | 19 June 2014 |
| Court | New York Supreme Court Appellate Division |
118 A.D.3d 1190
987 N.Y.S.2d 266
2014 N.Y. Slip Op. 04532
The PEOPLE of the State of New York, Respondent,
v.
Jorge LOPEZ, Appellant.
Supreme Court, Appellate Division, Third Department, New York.
June 19, 2014.
Robert A. Regan, Glens Falls, for appellant.
J. Anthony Jordan, District Attorney, Fort Edward (Katherine G. Henley of counsel), for respondent.
Before: PETERS, P.J., LAHTINEN, McCARTHY, GARRY and DEVINE, JJ.
LAHTINEN, J.
Appeal from a judgment of the County Court of Washington County (McKeighan, J.), rendered September 13, 2012, convicting defendant upon his plea of guilty of the crime of criminal sexual act in the first degree.
Defendant allegedly subjected a 10–year–old girl to numerous sexual acts. He was charged in a multicount indictment and eventually entered an Alford plea to criminal sexual act in the first degree and waived his right to appeal. He was sentenced in accordance with the plea agreement and now appeals contending that he did not receive proper notice ( seeCPL 710.30) regarding some of the statements that County Court ruled were admissible following a Huntley hearing.
We affirm. The record reflects that defendant's waiver of his right to appeal was knowing, voluntary and intelligent and it specifically encompassed County Court's decision on motions. Accordingly, review of County Court's ruling regarding the admissibility of defendant's statements is precluded by his waiver of his right to appeal ( see e.g. People v. Junior, 97 A.D.3d 984, 985, 947 N.Y.S.2d 919 [2012],lv. denied19 N.Y.3d 1103, 955 N.Y.S.2d 559, 979 N.E.2d 820 [2012];People v. Irvis, 301 A.D.2d 782, 783, 754 N.Y.S.2d 693 [2003],lv. denied99 N.Y.2d 655, 760 N.Y.S.2d 119, 790 N.E.2d 293 [2003];People v. Jackson, 245 A.D.2d 964, 964–965, 667 N.Y.S.2d 133 [1997],lv. denied91 N.Y.2d 926, 670 N.Y.S.2d 408, 693 N.E.2d 755 [1998] ).
ORDERED that the judgment is affirmed.
PETERS, P.J., McCARTHY, GARRY and DEVINE, JJ., concur.To continue reading
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...of defendant's valid waiver, he is precluded from challenging County Court's suppression and Molineux rulings ( see People v. Lopez, 118 A.D.3d 1190, 1190, 987 N.Y.S.2d 266 [2014]; People v. Mattison, 94 A.D.3d 1157, 1158, 941 N.Y.S.2d 528 [2012] ), as well as County Court's denial of his a......
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...of defendant's valid waiver, he is precluded from challenging County Court's suppression and Molineux rulings (see People v. Lopez, 118 A.D.3d 1190, 1190, 987 N.Y.S.2d 266 [2014] ; People v. Mattison, 94 A.D.3d 1157, 1158, 941 N.Y.S.2d 528 [2012] ), as well as County Court's denial of his a......
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