People v. Ortiz

• Decision Date: 17 December 2001
• Docket Number: 2,99-05733
• Parties: THE PEOPLE, ETC., RESPONDENT, v. JOSE ORTIZ, APPELLANT. (IND. NO. 5291/98) 1999-05733 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT Submitted -
• Court: New York Supreme Court — Appellate Division

THE PEOPLE, ETC., RESPONDENT, v. JOSE ORTIZ, APPELLANT.

(IND. NO. 5291/98)

1999-05733

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

Submitted - November 27, 2001

December 17, 2001

Andrew C. Fine, New York, N.Y. (Susan J. Horwitz of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Florence M. Sullivan of counsel), for respondent.

DECISION & ORDER

William D. Friedmann, J.P.

Nancy E. Smith

Thomas A. Adams

Sandra L. Townes, JJ.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (D'Emic, J.), rendered June 9, 1999, convicting him of burglary in the second degree and menacing in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant entered into a plea agreement pursuant to which he knowingly, intelligently, and voluntarily waived his right to appeal his conviction and withdrew all motions. Accordingly, the plea agreement effectively foreclosed appellate review (see, People v Hidalgo, 91 N.Y.2d 733; People v. Allen, 82 N.Y.2d 761; People v. Callahan, 80 N.Y.2d 273; People v. Seaberg, 74 N.Y.2d 1, 10; People v. Celardo, 198 A.D.2d 428).

FRIEDMANN, J.P., SMITH, ADAMS and TOWNES, JJ., concur.