People v. Pena

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


The PEOPLE, etc., respondent,
v.
Eladio PENA, appellant.


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

May 25, 2010.

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.

73 A.D.3d 1216

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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