People v. Luna

• Decision Date: 07 July 2021
• Docket Number: 2019–03760,Ind. No. 1397/18
• Citation: 147 N.Y.S.3d 421 (Mem),196 A.D.3d 510
• Parties: The PEOPLE, etc., respondent, v. Carlos LUNA, appellant.
• Court: New York Supreme Court — Appellate Division

196 A.D.3d 510

147 N.Y.S.3d 421 (Mem)

The PEOPLE, etc., respondent, v. Carlos LUNA, appellant.

2019–03760

Ind. No. 1397/18

Supreme Court, Appellate Division, Second Department, New York.

Submitted—June 8, 2021

July 7, 2021

Salvatore C. Adamo, New York, NY, for appellant.

Timothy D. Sini, District Attorney, Riverhead, N.Y. (Alfred J. Croce of counsel), for respondent.

MARK C. DILLON, J.P., LEONARD B. AUSTIN, COLLEEN D. DUFFY, BETSY BARROS, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Suffolk County (Anthony Senft, Jr., J.), rendered March 15, 2019, convicting him of criminal possession of a controlled substance in the fourth degree and criminal possession of a controlled substance in the seventh degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal ( see People v. Thomas, 34 N.Y.3d 545, 564–565, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Sanders, 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). The defendant's valid waiver of his right to appeal precludes appellate review of his contentions that his sentence was excessive ( see People v. Batista, 167 A.D.3d 69, 75, 86 N.Y.S.3d 492 ), that he was denied the effective assistance of counsel ( see People v. Cardona, 177 A.D.3d 647, 109 N.Y.S.3d 879 ), and that the hearing court erred in not suppressing physical evidence seized at a traffic stop ( see People v. Kemp, 94 N.Y.2d 831, 703 N.Y.S.2d 59, 724 N.E.2d 754 ; People v. Jones, 186 A.D.3d 856, 127 N.Y.S.3d 325 ).

DILLON, J.P., AUSTIN, DUFFY and BARROS, JJ., concur.