People v. Santalucia
Decision Date | 24 October 2005 |
Citation | 840 N.E.2d 145,5 N.Y.3d 856 |
Parties | PEOPLE v. SANTALUCIA |
Court | New York Court of Appeals Court of Appeals |
Appeal from 3d Dept.: 19 A.D.3d 806, 797 N.Y.S.2d 590 (Albany).
Application for leave to appeal—criminal. Denied. (Read, J.).
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People v. Cooper, 105659
... ... Defendant appeals. First, defendant contends that the evidence against him should have been suppressed as the fruit of an illegal search. However, such contention does not survive a knowing and intelligent waiver of the right to appeal (see People v. Santalucia, 19 A.D.3d 806, 807, 797 N.Y.S.2d 590 [2005], lv. denied 5 N.Y.3d 856, 806 N.Y.S.2d 176, 840 N.E.2d 145 [2005] ; People v. Hodge, 4 A.D.3d 676, 677, 772 N.Y.S.2d 748 [2004], lvs. denied 2 N.Y.3d 800, 781 N.Y.S.2d 300, 814 N.E.2d 472 [2004], 2 N.Y.3d 807, 781 N.Y.S.2d 306, 814 N.E.2d 478 [2004] ) ... ...
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People v. Dobbs
... ... Therrien, 134 A.D.3d 1231, 1232, 20 N.Y.S.3d 743 [2015] ). Moreover, he was specifically advised that his plea would effectuate a waiver of his right to consideration of any motions he had or could have made (see People v. Santalucia, 19 A.D.3d 806, 807, 797 N.Y.S.2d 590 [2005], lv. denied 5 N.Y.3d 856, 806 N.Y.S.2d 176, 840 N.E.2d 145 [2005] ). Similarly, the valid waiver precludes his claim that his sentence is harsh and excessive (see People v. Butler, 134 A.D.3d 1349, 13491350, 22 N.Y.S.3d 617 [2015], lvs. denied 27 N.Y.3d ... ...