People v. Moreno

• Decision Date: 28 July 2011
• Citation: 86 A.D.3d 863,2011 N.Y. Slip Op. 06044,927 N.Y.S.2d 487
• Parties: The PEOPLE of the State of New York, Respondent,v.Ramon MORENO, Appellant.
• Court: New York Supreme Court — Appellate Division

86 A.D.3d 863
927 N.Y.S.2d 487
2011 N.Y. Slip Op. 06044

The PEOPLE of the State of New York, Respondent,
v.
Ramon MORENO, Appellant.

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

July 28, 2011.

[927 N.Y.S.2d 487]

Aaron A. Louridas, Delmar, for appellant.P. David Soares, District Attorney, Albany (Kenneth C. Weafer of counsel), for respondent.

[927 N.Y.S.2d 488]

Before: PETERS, J.P., ROSE, LAHTINEN and MALONE JR., JJ.LAHTINEN, J.

[86 A.D.3d 863] Appeal from a judgment of the Supreme Court (Lamont, J.), rendered August 21, 2008 in Albany County, convicting defendant upon his plea of guilty of the crime of attempted robbery in the first degree.

Defendant was charged in a three-count indictment for crimes committed when he allegedly participated with another individual[86 A.D.3d 864] in the theft of money from a motel in Albany County during which a motel employee was threatened with a knife and tied up. After rejecting initial plea offers, defendant eventually agreed to plead guilty to one count of attempted robbery in the first degree in satisfaction of all charges and in exchange for an agreed sentence of six years in prison with five years of postrelease supervision. As part of the plea agreement, defendant waived his right to appeal. Shortly before sentencing, defendant moved to withdraw his guilty plea. Supreme Court denied his motion without a hearing and sentenced him in accordance with the plea agreement. Defendant appeals.

We affirm. Initially, we consider whether defendant knowingly, voluntarily and intelligently waived his right to appeal. Supreme Court adequately explained to defendant that his right to appeal was separate from rights automatically forfeited upon pleading guilty. Defendant acknowledged that he had discussed the waiver of appeal with his attorney, he understood the consequences of the waiver, he verbally waived such right on the record and then executed a written appeal waiver. The appeal waiver is valid ( see People v. Wicks, 83 A.D.3d 1223, 1224, 920 N.Y.S.2d 488 [2011]; People v. Thomas, 71 A.D.3d 1231, 1231–1232, 896 N.Y.S.2d 264 [2010], lv. denied 14 N.Y.3d 893, 903 N.Y.S.2d 781, 929 N.E.2d 1016 [2010] ). Defendant's appeal waiver precludes his current challenge to Supreme Court's denial of his suppression motion ( see People v. Passino, 25 A.D.3d 817, 818, 807 N.Y.S.2d 210 [2006], lv. denied 6 N.Y.3d 816, 812 N.Y.S.2d 456, 845 N.E.2d 1287 [2006]; People v. Carroll, 21 A.D.3d 586, 586, 800 N.Y.S.2d...