People v. Pena

Decision Date25 May 2010
Citation73 A.D.3d 1216,900 N.Y.S.2d 913
PartiesThe PEOPLE, etc., respondent, v. Eladio PENA, appellant.
CourtNew York Supreme Court — Appellate Division

Jose A. Muniz, P.C., New York, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Ann Bordley of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg, J.), rendered November 20, 2002, convicting him of murder in the second degree and rape in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant knowingly, voluntarily, and intelligently waived his right to appeal ( see People v. Ramos, 7 N.Y.3d 737, 819 N.Y.S.2d 853, 853 N.E.2d 222; People v. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145; People v. Seaberg, 74 N.Y.2d 1, 11, 543 N.Y.S.2d 968, 541 N.E.2d 1022). The defendant's valid waiver of his right to appeal forecloses appellate review of his challenge to the Supreme Court's suppression determination ( see People v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754; People v. Rossetti, 55 A.D.3d 637, 638, 865 N.Y.S.2d 318;People v. DeAngelo, 40 A.D.3d 656, 833 N.Y.S.2d 413; People v. Munford, 37 A.D.3d 855, 829 N.Y.S.2d 918; People v. Smith, 35 A.D.3d 769, 824 N.Y.S.2d 912; People v. Peoples, 34 A.D.3d 503, 824 N.Y.S.2d 122; People v. Campbell, 24 A.D.3d 463, 804 N.Y.S.2d 693). Moreover, under the totality of the circumstances presented in this record, we cannot say that the defendant was deprived of the effective assistance of counsel ( see People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400).

MASTRO, J.P., SANTUCCI, CHAMBERS and ROMAN, JJ., concur.

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8 cases
  • People v. Bradshaw
    • United States
    • New York Supreme Court — Appellate Division
    • August 10, 2010
    ...of suppression of identification evidence ( see People v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754; People v. Pena, 73 A.D.3d 1216, 900 N.Y.S.2d 913; People v. Morant, 61 A.D.3d 779, 876 N.Y.S.2d 657). Indeed, in a case like this, the type of detailed inquiry that the major......
  • People v. Oseni
    • United States
    • New York Supreme Court — Appellate Division
    • June 12, 2013
    ...v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754;People v. Hackett, 93 A.D.3d 807, 807, 939 N.Y.S.2d 886;People v. Pena, 73 A.D.3d 1216, 1216, 900 N.Y.S.2d 913;People v. Johnson, 58 A.D.3d 868, 868, 870 N.Y.S.2d 919). The defendant's contention that his plea of guilty was not kn......
  • People v. Patterson
    • United States
    • New York Supreme Court — Appellate Division
    • May 25, 2010
  • People v. Jessamy
    • United States
    • New York Supreme Court — Appellate Division
    • March 16, 2016
    ...v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754 ; People v. Hackett, 93 A.D.3d 807, 939 N.Y.S.2d 886 ; People v. Pena, 73 A.D.3d 1216, 900 N.Y.S.2d 913 ; People v. Johnson, 58 A.D.3d 868, 870 N.Y.S.2d 919 ). The defendant claims that he was deprived of his right to be present a......
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